S. 6(1) amended by No. 26/2004 s. 7(a).
(1) Subject to subsection (2), a person must not knowingly install, use or maintain a listening device to overhear, record, monitor or listen to a private conversation to which the person is not a party, without the express or implied consent of each party to the conversation.
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. 6(1) inserted by No. 13/2013 s. 42(1).
Section 32A applies to an offence against this subsection.
(2) Subsection (1) does not apply to—
S. 6(2)(a) amended by No. 26/2004 s. 7(b).
(a) the installation, use or maintenance of a listening device in accordance with a warrant, emergency authorisation, corresponding warrant or corresponding emergency authorisation; or
S. 6(2)(b) amended by No. 26/2004 s. 7(c).
(b) the installation, use or maintenance of a listening device in accordance with a law of the Commonwealth; or
S. 6(2)(c) inserted by No. 26/2004 s. 7(d).
(c) the use of a listening device by a law enforcement officer to monitor or record a private conversation to which he or she is not a party if—
(i) at least one party to the conversation consents to the monitoring or recording; and
(ii) the law enforcement officer is acting in the course of his or her duty; and
(iii) the law enforcement officer reasonably believes that it is necessary to monitor or record the conversation for the protection of any person's safety.