Surveillance Devices Act 2007

(1) A person is guilty of an offence if the person:

(a) installs, uses or maintains a listening device to listen to, monitor or record a private conversation to which the person is not a party; and

(b) knows the device is installed, used or maintained without the express or implied consent of each party to the conversation.

Maximum penalty: 250 penalty units or imprisonment for 2 years.

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

(a) the installation, use or maintenance of a listening device under:

(i) a warrant, emergency authorisation, corresponding warrant or corresponding emergency authorisation; or

(ii) under a law of the Commonwealth; or

(b) the use of a listening device by a law enforcement officer or an ICAC officer to monitor or record a private conversation to which the officer is not a party if:

(i) at least 1 party to the conversation expressly or impliedly consents to the monitoring or recording; and

(ii) the officer is acting in the performance of the officer's duty; and

(iii) the officer reasonably believes it is necessary to monitor or record the conversation for the protection of someone's safety; or

(ba) the use, in accordance with section 14A, of body-worn video by a police officer; or

(c) the use of a listening device under section 43.