Prohibition on communication or publication of activities or conversations permitted to be observed etc.
9C Prohibition on communication or publication of activities or conversations permitted to be observed etc.
Subject to subsection (2), a person must not knowingly communicate or publish a record or report of an activity or conversation observed, listened to, recorded or monitored by the use of an optical surveillance device or a listening device in the circumstances referred to in paragraph (a), (b) or (c) of section 9B(2).
- 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 any other case, 1200 penalty units.
Note to s. 9C(1) inserted by No. 13/2013 s. 42(1).
Note
Section 32A applies to an offence against this subsection.
Subsection (1) does not apply—
if the activity or conversation was observed, listened to, recorded or monitored in the circumstances referred to in section 9B(2)(a), to a communication or publication of protected information; or
if the activity or conversation was observed, listened to, recorded or monitored in the circumstances referred to in section 9B(2)(b), to a communication or publication authorised by a law of the Commonwealth relating to the security of the Commonwealth; or
if the activity or conversation was observed, listened to, recorded or monitored in the circumstances referred to in section 9B(2)(c), to a communication or publication authorised by or under the Liquor Control Reform Act 1998 or the licence granted under that Act.
S. 9D inserted by No. 70/2006 s. 3.
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