New South Wales Consolidated Acts

SURVEILLANCE DEVICES ACT 2007 - SECT 12

12 Possession of record of private conversation or activity

(1) A person must not possess a record of a private conversation or the carrying on of an activity knowing that it has been obtained, directly or indirectly, by the use of a listening device, optical surveillance device or tracking device in contravention of this Part.

Maximum penalty: 500 penalty units (in the case of a corporation) or 100 penalty units or 5 years imprisonment, or both (in any other case).

(2) Subsection (1) does not apply where the record is in the possession of the person:

(a) in connection with proceedings for an offence against this Act or the regulations, or

(b) with the consent, express or implied, of all of the principal parties to the private conversation or persons who took part in the activity, or

(c) as a consequence of a communication or publication of that record to that person in circumstances that do not constitute a contravention of this Part.