LISTENING DEVICES ACT 1984 - SECT 13 Inadmissibility of evidence of private conversations when unlawfully obtained

This legislation has been repealed.

LISTENING DEVICES ACT 1984 - SECT 13

13 Inadmissibility of evidence of private conversations when unlawfully obtained

(1) Where a private conversation has come to the knowledge of a person as a result, direct or indirect, of the use of a listening device in contravention of section 5:

(a) evidence of the conversation, and

(b) evidence obtained as a direct consequence of the conversation so coming to the knowledge of that person,

may not be given by that person in any civil or criminal proceedings (including proceedings for or in connection with the grant of bail).

(2) Subsection (1) does not render any evidence inadmissible:

(a) if all of the principal parties to the private conversation concerned consent to the evidence being given,

(b) if the private conversation concerned comes to the knowledge of the person called to give the evidence otherwise than in the manner referred to in that subsection, notwithstanding that the person also obtained knowledge of the conversation in such a manner,

(c) in proceedings for an offence against this Act or the regulations, or

(d) in proceedings for:

(i) an offence punishable by imprisonment for life or for 20 years or more, or

(ii) a serious narcotics offence,

(or in proceedings for or in connection with the grant of bail in any such proceedings) if the court considers that the evidence should be admissible.

(3) In determining whether to admit evidence as referred to in subsection (2) (d), the court shall:

(a) be guided by the public interest, including where relevant the public interest in:

(i) upholding the law,

(ii) protecting people from illegal or unfair treatment, and

(iii) punishing those guilty of offences, and

(b) have regard to all relevant matters, including:

(i) the seriousness of the offence in relation to which the evidence is sought to be admitted, and

(ii) the nature of the contravention of section 5 concerned.

(4) The court before which any proceedings referred to in subsection (2) (c) or (d) are brought may, at any stage of the proceedings and from time to time, make an order forbidding publication of any evidence, or of any report of, or report of the substance, meaning or purport of, any evidence referred to in subsection (2) (c) or (d).

(5) A person shall not contravene an order made under subsection (4).

Maximum penalty (subsection (5)): 20 penalty units or imprisonment for a term of 12 months, or both.