Listening Devices Act 1991

Where a private conversation has come to the knowledge of a person as a result, direct or indirect, of the use of a listening device in contravention of section 5 – evidence of the conversation; and evidence obtained as a direct consequence of the conversation so coming to the knowledge of that person – may not be given by that person in any proceedings before any court or person authorized to receive evidence.

Where a private conversation has come to the knowledge of a person as a result, direct or indirect, of the use of a listening device pursuant to a warrant granted under Part 4 or in circumstances referred to in section 5(2)(c) – evidence of the conversation; and evidence obtained as a direct consequence of the conversation so coming to the knowledge of that person – may not be given by that person in any proceedings before any court or person authorized to receive evidence unless the reports required to be forwarded to the Chief Magistrate under section 5(4) and (7) have been forwarded to the Chief Magistrate within the periods specified in those subsections and the report required to be furnished to the Attorney-General under section 8 has been forwarded to the Attorney-General within the period specified in that section.

Subsections (1) and (2) do not render any evidence inadmissible – if all of the principal parties to the private conversation concerned consent to the evidence being given; or if the private conversation concerned comes to the knowledge of the person called to give the evidence otherwise than in the manner referred to in those subsections, notwithstanding that the person also obtained knowledge of the conversation in such a manner; or in proceedings for an offence against this Act; or in proceedings for – an offence punishable by imprisonment for life or for 21 years; or a serious narcotics offence – if the court considers that the evidence should be admissible.

In determining whether to admit evidence as referred to in subsection (3)(d), the court shall – be guided by the public interest, including where relevant the public interest in – upholding the law; and protecting people from illegal or unfair treatment; and punishing those guilty of offences; and have regard to all relevant matters, including – the seriousness of the offence in relation to which the evidence is sought to be admitted; and the nature of the contravention of section 5 concerned.

Any evidence, or any report of, or report of the substance, meaning, or purport of, any evidence in any proceedings referred to in subsection (3)(c) or (d) shall not be published without the leave of the court before which the proceedings are brought.

Any person who contravenes subsection (5) is guilty of an offence and is liable on summary conviction to a fine not exceeding 20 penalty units or imprisonment for a term not exceeding 12 months, or both.