Prohibition on communication or publication of private conversations or activities
11 Prohibition on communication or publication of private conversations or activities
S. 11(1) amended by No. 26/2004 s. 8(a).
Subject to subsection (2), a person must not knowingly communicate or publish a record or report of a private conversation or private activity that has been made as a direct or indirect result of the use of a listening device, an optical surveillance device or a tracking device.
- In the case of a natural person, level 7 imprisonment (2 years maximum) or a level 7 fine (240 penalty units maximum) or both;
In the case of a body corporate, 1200 penalty units.
Note to s. 11(1) inserted by No. 13/2013 s. 42(1).
Note
Section 32A applies to an offence against this subsection.
Subsection (1) does not apply—
to a communication or publication made with the express or implied consent of each party to the private conversation or private activity; or
to a communication or publication that is no more than is reasonably necessary—
in the public interest; or
for the protection of the lawful interests of the person making it; or
to a communication or publication in the course of legal proceedings or disciplinary proceedings; or
S. 11(2)(ca) inserted by No. 26/2004 s. 8(b).
to a communication or publication of protected information; or
to a communication or publication made by a law enforcement officer—
S. 11(2)(d)(i) amended by No. 26/2004 s. 8(c)(i).
to a person authorised by the chief officer of the law enforcement agency and for the purpose of investigating or prosecuting an offence; or
to the occupier of premises of a record or report of a private activity that has been made as a direct or indirect result of the use on those premises of an optical surveillance device in the circumstances referred to in section 7(2)(c); or
S. 11(2)(d)(iii) amended by Nos 9/2008 s. 45, 47/2014 s. 313, 41/2025 s. 4(Sch. 2 item 27.2).
to the sheriff or to a person employed in the Department of Justice and Community Safety in the administration of the Infringements Act 2006 or the Fines Reform Act 2014; or
otherwise in the performance of his or her duty; or
S. 11(2)(e) amended by Nos 26/2004 s. 8(c)(ii), 37/2014 s. 10(Sch. item 163.2).
to a communication to a police officer by a person authorised to do so by an authorised police officer; or
to a communication or publication authorised by a law of the Commonwealth relating to the security of the Commonwealth.
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