Communication and publication of records of private conversations by parties
5 Communication and publication of records of private conversations by parties
A person who is party to a private conversation commits an offence if—
the person divulges or communicates a record of the conversation; and
the person knows that the record was made, directly or indirectly, using a listening device (whether or not in contravention of section 4).
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
Subsection (1) does not apply if the communication or publication—
is made to another party to the conversation; or
is made with the consent of each principal party to the conversation; or
is made in the course of civil or criminal proceedings; or
is considered by the party making it, on reasonable grounds, to be necessary for the protection of that party’s lawful interests; or
is made to a person who is believed by the party on reasonable grounds to have such an interest in the conversation as to make the communication or publication reasonable in the circumstances; or
is made under an authority granted by or under a law in force in the ACT.
Subsection (2) (d) does not apply so as to exempt a person from the application of subsection (1) if the relevant record of conversation is made, directly or indirectly, by the use of a listening device by or on behalf of the Territory.
This Act’s bill:Explanatory statement
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