Australian Capital Territory Consolidated Acts

LISTENING DEVICES ACT 1992 - SECT 5

    (1)     A person who is party to a private conversation commits an offence if—

        (a)     the person divulges or communicates a record of the conversation; and

        (b)     the person knows that the record was made, directly or indirectly, using a listening device (whether or not in contravention of section 4).

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

    (2)     Subsection (1) does not apply if the communication or publication—

        (a)     is made to another party to the conversation; or

        (b)     is made with the consent of each principal party to the conversation; or

        (c)     is made in the course of civil or criminal proceedings; or

        (d)     is considered by the party making it, on reasonable grounds, to be necessary for the protection of that party's lawful interests; or

        (e)     is made to a person who is believed by the party on reasonable grounds to have such an interest in the conversation as to make the communication or publication reasonable in the circumstances; or

        (f)     is made under an authority granted by or under a law of the Commonwealth.

    (3)     Subsection (2) (d) does not apply so as to exempt a person from the application of subsection (1) if the relevant record of conversation is made, directly or indirectly, by the use of a listening device by or on behalf of the Territory.