LISTENING AND SURVEILLANCE DEVICES ACT 1972 - SECT 7
This legislation has been repealed.
LISTENING AND SURVEILLANCE DEVICES ACT 1972 - SECT 7
7—Lawful use of listening device by party to private conversation
(1) Section 4
does not apply to or in relation to the use of a listening device by a person
(including a person to whom a warrant is issued under this Act) if that
listening device is used—
(a) to
overhear, record, monitor or listen to any private conversation to which that
person is a party; and
(b) in
the course of duty of that person, in the public interest or for the
protection of the lawful interests of that person.
(2) An exemption from section 4
that applies to an officer of an investigating agency in relation to the use
of a listening device for the purposes of the investigation of a matter by the
agency extends to any other such officer who overhears, records, monitors or
listens to the private conversation by means of the device for the purposes of
the investigation.
(3) A person must not
knowingly communicate or publish information or material derived from the use
(whether by that person or another person) of a listening device under this
section except—
(a) to a
person who was a party to the conversation to which the information or
material relates; or
(b) with
the consent of each party to the conversation to which the information or
material relates; or
(c) in
the course of duty or in the public interest, including, in the case of
information or material derived from the use of a listening device in the
course of an investigation by an investigating agency, for the purposes of a
relevant investigation or a relevant proceeding; or
(d)
being a party to the conversation to which the information or material
relates, as reasonably required for the protection of the person's lawful
interests; or
(e) if
the information or material has been taken or received in public as evidence
in a relevant proceeding.
Maximum penalty: $10 000 or imprisonment for 2 years.