LISTENING DEVICES ACT 1992 - SECT 6 Communication and publication of unlawfully recorded private

LISTENING DEVICES ACT 1992 - SECT 6

    (1)     A person commits an offence if—

        (a)     the person divulges or communicates a private conversation, or a report of a private conversation; and

        (b)     the person knows of the conversation, directly or indirectly, because of the use of a listening device—

              (i)     in contravention of section 4; or

              (ii)     in circumstances mentioned in section 4 (2) (b) or (3).

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

    (2)     Subsection (1) does not apply—

        (a)     if the communication or publication is made—

              (i)     to a party to the private conversation; or

              (ii)     with the consent of each principal party to the conversation; or

              (iii)     in the course of proceedings for an offence against this Act; or

              (iv)     in the case of the use of a listening device in the circumstances referred to in section 4 (3) (b) (i)—in the course of reasonable action taken to protect the lawful interests of the principal party to the conversation who consented to the use of the device; or

        (b)     if the person referred to in subsection (1) also obtains knowledge of the private conversation or report in circumstances other than those referred to in that subsection.

    (3)     Subsection (2) (a) (iv) 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.