LISTENING DEVICES ACT 1992 - SECT 4 Use of listening devices

LISTENING DEVICES ACT 1992 - SECT 4

    (1)     A person must not use a listening device with the intention of—

        (a)     listening to or recording a private conversation to which the person is not a party; or

        (b)     recording a private conversation to which the person is a party.

Maximum penalty: 50 penalty units.

    (2)     Subsection (1) does not apply to—

        (a)     the use of a listening device under an authority granted by or under a law in force in the ACT; or

        (b)     the unintentional hearing of a private conversation by means of a listening device.

    (3)     Subsection (1) (b) does not apply to the use of a listening device by, or on behalf of, a party to a private conversation if—

        (a)     each principal party to the conversation consents to that use of the listening device; or

        (b)     a principal party to the conversation consents to the listening device being so used, and—

              (i)     the recording of the conversation is considered by that principal party, on reasonable grounds, to be necessary for the protection of that principal party's lawful interests; or

              (ii)     the recording is not made for the purpose of communicating or publishing the conversation, or a report of the conversation, to any person who is not a party to the conversation.

    (4)     Subsection (3) (b) (i) does not apply so as to exempt a person from the application of subsection (1) if the relevant listening device is used by or on behalf of the Territory.