SURVEILLANCE DEVICES ACT 1998 - SECT 5

SURVEILLANCE DEVICES ACT 1998 - SECT 5

5 .         Regulation of use, installation and maintenance of listening devices

        (1)         Subject to subsections (2) and (3), a person shall not install, use, or maintain, or cause to be installed, used, or maintained, a listening device —

            (a)         to record, monitor, or listen to a private conversation to which that person is not a party; or

            (b)         to record a private conversation to which that person is a party.

        Penalty:

            (a)         for an individual: $5 000 or imprisonment for 12 months, or both;

            (b)         for a body corporate: $50 000.

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

            (a)         the installation, use, or maintenance of a listening device in accordance with a listening device warrant issued under Part 4;

            (b)         the installation, use, or maintenance of a listening device in accordance with an emergency authorisation issued under Part 4;

            (c)         the installation, use, or maintenance of a listening device in accordance with a law of the Commonwealth;

            (d)         the use of a listening device in accordance with Part 5; or

            (e)         the use of a listening device resulting in the unintentional hearing of a private conversation.

        (3)         Subsection (1)(b) does not apply to the installation, use, or maintenance of a listening device by or on behalf of a person who is a party to a private conversation if —

            (a)         that installation, use or maintenance is carried out in the course of that person’s duty as a law enforcement officer;

            (b)         that installation, use or maintenance is carried out by that person as instructed or authorised by a law enforcement officer in the course of an investigation into a suspected criminal offence;

            (c)         each principal party to the private conversation consents expressly or impliedly to that installation, use, or maintenance; or

            (d)         a principal party to the private conversation consents expressly or impliedly to that installation, use, or maintenance and the installation, use, or maintenance is reasonably necessary for the protection of the lawful interests of that principal party.