S. 11(1) amended by No. 26/2004 s. 8(a).
(1) Subject to subsection (2), a person must not knowingly communicate or publish a record or report of a private conversation or private activity that has been made as a direct or indirect result of the use of a listening device, an optical surveillance device or a tracking device.
Penalty: In the case of a natural person, level 7 imprisonment (2 years maximum) or a level 7 fine (240 penalty units maximum) or both;
In the case of a body corporate, 1200 penalty units.
Note to s. 11(1) inserted by No. 13/2013 s. 42(1).
Section 32A applies to an offence against this subsection.
(2) Subsection (1) does not apply—
(a) to a communication or publication made with the express or implied consent of each party to the private conversation or private activity; or
(b) to a communication or publication that is no more than is reasonably necessary—
(i) in the public interest; or
(ii) for the protection of the lawful interests of the person making it; or
(c) to a communication or publication in the course of legal proceedings or disciplinary proceedings; or
S. 11(2)(ca) inserted by No. 26/2004 s. 8(b).
(ca) to a communication or publication of protected information; or
(d) to a communication or publication made by a law enforcement officer—
S. 11(2)(d)(i) amended by No. 26/2004 s. 8(c)(i).
(i) to a person authorised by the chief officer of the law enforcement agency and for the purpose of investigating or prosecuting an offence; or
(ii) to the occupier of premises of a record or report of a private activity that has been made as a direct or indirect result of the use on those premises of an optical surveillance device in the circumstances referred to in section 7(2)(c); or
S. 11(2)(d)(iii) amended by No. 9/2008 s. 45.
(iii) to the sheriff or to a person employed in the Department of Justice in the administration of the Infringements Act 2006 ; or
(iv) otherwise in the performance of his or her duty; or
S. 11(2)(e) amended by Nos 26/2004 s. 8(c)(ii), 37/2014 s. 10(Sch. item 163.2).
(e) to a communication to a police officer by a person authorised to do so by an authorised police officer; or
(f) to a communication or publication authorised by a law of the Commonwealth relating to the security of the Commonwealth.