Section 13(2)(b) of the Listening Devices Act 1984 (NSW) does not permit a principal party to a private conversation to give evidence of that conversation; the exception applies only to persons who acquire knowledge of the conversation other than as participants. Where original warrants under Part 4 are unobtainable, secondary evidence including redacted copy warrants may be admitted to ground an inference that proper warrants were granted. The 'lawful interests' exemption in s 5(3)(b)(i) requires the interest to exist at the time the listening device was used.
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