SURVEILLANCE DEVICES ACT 2007 - SECT 11 Installation, use and maintenance of listening devices

SURVEILLANCE DEVICES ACT 2007 - SECT 11

    (1)     A person is guilty of an offence if the person:

        (a)     installs, uses or maintains a listening device to listen to, monitor or record a private conversation to which the person is not a party; and

        (b)     knows the device is installed, used or maintained without the express or implied consent of each party to the conversation.

Maximum penalty:     250 penalty units or imprisonment for 2 years.

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

        (a)     the installation, use or maintenance of a listening device under:

            (i)     a warrant, emergency authorisation, corresponding warrant or corresponding emergency authorisation; or

            (ii)     under a law of the Commonwealth; or

        (b)     the use of a listening device by a law enforcement officer or an ICAC officer to monitor or record a private conversation to which the officer is not a party if:

            (i)     at least 1 party to the conversation expressly or impliedly consents to the monitoring or recording; and

            (ii)     the officer is acting in the performance of the officer's duty; and

            (iii)     the officer reasonably believes it is necessary to monitor or record the conversation for the protection of someone's safety; or

        (ba)     the use, in accordance with section 14A, of body-worn video by a police officer; or

        (c)     the use of a listening device under section 43.