{"id":"qld:act-1971-050","name":"Invasion of Privacy Act 1971","slug":"invasion-of-privacy-act-1971","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"50 of 1971","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105561,"registerId":"qld-act-1971-050-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Invasion of Privacy Act 1971 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nExcept as provided in subsection (2) , this Act, or this Act less specified provisions, shall commence on a date to be fixed by the Governor by proclamation.\nThe Governor may, by proclamation under subsection (1) or by a subsequent proclamation or proclamations fix a date or dates for the commencement of the several provisions of this Act not brought into operation pursuant to subsection (1) later than the date fixed by the proclamation under subsection (1) .\nEvery proclamation under this section shall be published in the gazette.\n(sec.2-ssec.1) Except as provided in subsection (2) , this Act, or this Act less specified provisions, shall commence on a date to be fixed by the Governor by proclamation.\n(sec.2-ssec.2) The Governor may, by proclamation under subsection (1) or by a subsequent proclamation or proclamations fix a date or dates for the commencement of the several provisions of this Act not brought into operation pursuant to subsection (1) later than the date fixed by the proclamation under subsection (1) .\n(sec.2-ssec.3) Every proclamation under this section shall be published in the gazette.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Arrangement of Act","content":"### sec.3 Arrangement of Act\n\ns 3 amd 1976 No. 26 s 3\nom 1992 No. 40 s 163 sch 1","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Definitions","content":"### sec.4 Definitions\n\nIn this Act—\napproved ...\ns 4 def approved om 1993 No. 83 s 61\napproved form see section 51B .\ns 4 def approved form ins 1995 No. 58 s 4 sch 1\nchief executive ...\ns 4 def chief executive ins 1993 No. 83 s 61\nom R1 (see RA s 39)\nCommissioner means the commissioner of the police service.\ns 4 def Commissioner om 1981 No. 57 s 16 (a)\nins 1993 No. 83 s 61\nconsumer ...\ns 4 def consumer om 2002 No. 13 s 44\ncredit report ...\ns 4 def credit report om 2002 No. 13 s 44\ncredit reporting agent ...\ns 4 def credit reporting agent om 2002 No. 13 s 44\ncredit reporting agent’s licence ...\ns 4 def credit reporting agent’s licence om 2002 No. 13 s 44\nindividual ...\ns 4 def individual om 1992 No. 40 s 163 sch 1\ninspector means a person who is appointed under section 5 as an inspector.\ns 4 def inspector sub 1993 No. 83 s 61\nlicence ...\ns 4 def licence sub 1993 No. 83 s 61\nom 2002 No. 13 s 44\nlicensed credit reporting agent ...\ns 4 def licensed credit reporting agent om 2002 No. 13 s 44\nlicensed private inquiry agent ...\ns 4 def licensed private inquiry agent om 1993 No. 83 s 61\nlicensed subagent ...\ns 4 def licensed subagent om 1993 No. 83 s 61\nlicensee ...\ns 4 def licensee om 1993 No. 83 s 61\nlistening device means any instrument, apparatus, equipment or device capable of being used to overhear, record, monitor or listen to a private conversation simultaneously with its taking place.\nMinister ...\ns 4 def Minister sub 1990 No. 80 s 3 sch 6\nom 1992 No. 40 s 163 sch 1\nprivate conversation means any words spoken by one person to another person in circumstances that indicate that those persons desire the words to be heard or listened to only by themselves or that indicate that either of those persons desires the words to be heard or listened to only by themselves and by some other person, but does not include words spoken by one person to another person in circumstances in which either of those persons ought reasonably to expect the words may be overheard, recorded, monitored or listened to by some other person, not being a person who has the consent, express or implied, of either of those persons to do so.\nprivate inquiry agent ...\ns 4 def private inquiry agent om 1993 No. 83 s 61\nprivate inquiry agent’s licence ...\ns 4 def private inquiry agent’s licence om 1993 No. 83 s 61\nregister ...\ns 4 def register om 2002 No. 13 s 44\nregistered address ...\ns 4 def registered address amd 1976 No. 26 s 4\nsub 1993 No. 83 s 61\nom 2002 No. 13 s 44\nRegistrar ...\ns 4 def Registrar ins 1981 No. 57 s 16 (b)\nom 1992 No. 40 s 163 sch 1\nregistrar ...\ns 4 def registrar ins 1992 No. 40 s 163 sch 1\nom 1993 No. 83 s 61\nrelated corporation ...\ns 4 def related corporation amd 1981 No. 111 s 23 sch\nom 1993 No. 83 s 61\nsubagent ...\ns 4 def subagent om 1993 No. 83 s 61\nsubagent’s licence ...\ns 4 def subagent’s licence om 1993 No. 83 s 61\ns 4 amd 1995 No. 58 s 4 sch 1","sortOrder":4},{"sectionNumber":"pt.2","sectionType":"part","heading":"Inspectors","content":"# Inspectors","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Appointment of inspectors","content":"### sec.5 Appointment of inspectors\n\nThe chief executive may appoint an officer of the public service to be an inspector.\nThe chief executive may appoint a person to be an inspector only if—\nthe chief executive believes that the person has the necessary expertise or experience to be an inspector; or\nthe person has satisfactorily completed a course of training approved by the chief executive.\nThe chief executive may limit the powers of an inspector by stating conditions in the instrument of appointment.\ns 5 sub 1993 No. 83 s 63\n(sec.5-ssec.1) The chief executive may appoint an officer of the public service to be an inspector.\n(sec.5-ssec.2) The chief executive may appoint a person to be an inspector only if— the chief executive believes that the person has the necessary expertise or experience to be an inspector; or the person has satisfactorily completed a course of training approved by the chief executive.\n(sec.5-ssec.3) The chief executive may limit the powers of an inspector by stating conditions in the instrument of appointment.\n- (a) the chief executive believes that the person has the necessary expertise or experience to be an inspector; or\n- (b) the person has satisfactorily completed a course of training approved by the chief executive.","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"Inspector’s identity card","content":"### sec.6 Inspector’s identity card\n\nThe chief executive must issue an identity card to each inspector.\nThe identity card must—\ncontain a recent photograph of the inspector; and\nbe signed by the inspector.\nA person who stops being an inspector must return the identity card to the chief executive as soon as practicable after stopping to be an inspector, unless the person has a reasonable excuse for not returning it.\nMaximum penalty for subsection (3) —20 penalty units.\ns 6 sub 1993 No. 83 s 63\n(sec.6-ssec.1) The chief executive must issue an identity card to each inspector.\n(sec.6-ssec.2) The identity card must— contain a recent photograph of the inspector; and be signed by the inspector.\n(sec.6-ssec.3) A person who stops being an inspector must return the identity card to the chief executive as soon as practicable after stopping to be an inspector, unless the person has a reasonable excuse for not returning it. Maximum penalty for subsection (3) —20 penalty units.\n- (a) contain a recent photograph of the inspector; and\n- (b) be signed by the inspector.","sortOrder":7},{"sectionNumber":"sec.6A","sectionType":"section","heading":"Production of inspector’s identity card","content":"### sec.6A Production of inspector’s identity card\n\nAn inspector may exercise a power under this Act in relation to a person only if the inspector first produces or displays the inspector’s identity card for inspection by the person.\nIf, for any reason, it is not practicable to comply with subsection (1) , the inspector must produce the identity card for inspection by the person at the first reasonable opportunity.\ns 6A sub 1993 No. 83 s 63\n(sec.6A-ssec.1) An inspector may exercise a power under this Act in relation to a person only if the inspector first produces or displays the inspector’s identity card for inspection by the person.\n(sec.6A-ssec.2) If, for any reason, it is not practicable to comply with subsection (1) , the inspector must produce the identity card for inspection by the person at the first reasonable opportunity.","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Powers of inspector","content":"### sec.7 Powers of inspector\n\nFor the purposes of this Act an inspector may at any time do any or all of the following—\nmake such examination and inquiry as may be necessary to ascertain whether the provisions of this Act have been or are being complied with and interrogate any person for that purpose and require any such person to answer the questions put, and to sign a declaration of the truth of the person’s answers;\nenter any premises at the registered address of any licensee and inspect and examine any books and papers found upon such entry;\ncall to his or her aid any person whom the inspector may think competent to assist him or her in the exercise of any power aforesaid;\nexercise such other powers as may be prescribed.\nNothing contained in subsection (1) renders any person compellable to answer any question incriminating or tending to incriminate himself or herself.\ns 7 amd 2010 No. 42 s 214 sch\n(sec.7-ssec.1) For the purposes of this Act an inspector may at any time do any or all of the following— make such examination and inquiry as may be necessary to ascertain whether the provisions of this Act have been or are being complied with and interrogate any person for that purpose and require any such person to answer the questions put, and to sign a declaration of the truth of the person’s answers; enter any premises at the registered address of any licensee and inspect and examine any books and papers found upon such entry; call to his or her aid any person whom the inspector may think competent to assist him or her in the exercise of any power aforesaid; exercise such other powers as may be prescribed.\n(sec.7-ssec.2) Nothing contained in subsection (1) renders any person compellable to answer any question incriminating or tending to incriminate himself or herself.\n- (a) make such examination and inquiry as may be necessary to ascertain whether the provisions of this Act have been or are being complied with and interrogate any person for that purpose and require any such person to answer the questions put, and to sign a declaration of the truth of the person’s answers;\n- (b) enter any premises at the registered address of any licensee and inspect and examine any books and papers found upon such entry;\n- (c) call to his or her aid any person whom the inspector may think competent to assist him or her in the exercise of any power aforesaid;\n- (d) exercise such other powers as may be prescribed.","sortOrder":9},{"sectionNumber":"pt.3","sectionType":"part","heading":null,"content":"","sortOrder":10},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":null,"content":"","sortOrder":11},{"sectionNumber":"sec.8","sectionType":"section","heading":null,"content":"### Section sec.8\n\ns 8 amd 1993 No. 82 s 3 sch 1 ; 1993 No. 83 s 65\nom 2002 No. 13 s 45","sortOrder":12},{"sectionNumber":"sec.9","sectionType":"section","heading":null,"content":"### Section sec.9\n\ns 9 amd 1976 No. 26 s 5 ; 1993 No. 83 s 66 ; 1999 No. 63 s 67\nom 2002 No. 13 s 45","sortOrder":13},{"sectionNumber":"sec.10","sectionType":"section","heading":null,"content":"### Section sec.10\n\ns 10 amd 1976 No. 26 s 6 ; 1981 No. 111 s 23 sch ; 1993 No. 83 s 67 ; 1995 No. 58 s 4 sch 1\nom 2002 No. 13 s 45","sortOrder":14},{"sectionNumber":"sec.11","sectionType":"section","heading":null,"content":"### Section sec.11\n\ns 11 amd 1993 No. 83 s 68 ; 1995 No. 58 s 4 sch 1\nom 2002 No. 13 s 45","sortOrder":15},{"sectionNumber":"sec.12","sectionType":"section","heading":null,"content":"### Section sec.12\n\ns 12 amd 1993 No. 83 s 69\nom 2002 No. 13 s 45","sortOrder":16},{"sectionNumber":"sec.13","sectionType":"section","heading":null,"content":"### Section sec.13\n\ns 13 amd 1993 No. 83 s 70\nom 2002 No. 13 s 45","sortOrder":17},{"sectionNumber":"sec.14","sectionType":"section","heading":null,"content":"### Section sec.14\n\ns 14 amd 1993 No. 82 s 3 sch 1 ; 1993 No. 83 s 71\nom 2002 No. 13 s 45","sortOrder":18},{"sectionNumber":"sec.15","sectionType":"section","heading":null,"content":"### Section sec.15\n\ns 15 amd 1993 No. 83 s 72 ; 1995 No. 58 s 4 sch 1\nom 2002 No. 13 s 45","sortOrder":19},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":null,"content":"","sortOrder":20},{"sectionNumber":"sec.16","sectionType":"section","heading":null,"content":"### Section sec.16\n\ns 16 om 2002 No. 13 s 45","sortOrder":21},{"sectionNumber":"sec.17","sectionType":"section","heading":null,"content":"### Section sec.17\n\ns 17 om 2002 No. 13 s 45","sortOrder":22},{"sectionNumber":"sec.18","sectionType":"section","heading":null,"content":"### Section sec.18\n\ns 18 amd 1993 No. 83 s 73\nom 2002 No. 13 s 45","sortOrder":23},{"sectionNumber":"sec.19","sectionType":"section","heading":null,"content":"### Section sec.19\n\ns 19 amd 1993 No. 83 s 74\nom 2002 No. 13 s 45","sortOrder":24},{"sectionNumber":"sec.20","sectionType":"section","heading":null,"content":"### Section sec.20\n\ns 20 amd 1993 No. 83 s 75\nom 2002 No. 13 s 45","sortOrder":25},{"sectionNumber":"sec.21","sectionType":"section","heading":null,"content":"### Section sec.21\n\ns 21 amd 1993 No. 83 s 76\nom 2002 No. 13 s 45","sortOrder":26},{"sectionNumber":"sec.22","sectionType":"section","heading":null,"content":"### Section sec.22\n\ns 22 amd 1993 No. 83 s 77\nom 2002 No. 13 s 45","sortOrder":27},{"sectionNumber":"sec.23","sectionType":"section","heading":null,"content":"### Section sec.23\n\ns 23 om 2002 No. 13 s 45","sortOrder":28},{"sectionNumber":"sec.24","sectionType":"section","heading":null,"content":"### Section sec.24\n\ns 24 om 2002 No. 13 s 45","sortOrder":29},{"sectionNumber":"sec.25","sectionType":"section","heading":null,"content":"### Section sec.25\n\ns 25 amd 1993 No. 83 s 78\nom 2002 No. 13 s 45","sortOrder":30},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":null,"content":"","sortOrder":31},{"sectionNumber":"sec.26","sectionType":"section","heading":null,"content":"### Section sec.26\n\ns 26 om 1993 No. 83 s 79","sortOrder":32},{"sectionNumber":"sec.27","sectionType":"section","heading":null,"content":"### Section sec.27\n\ns 27 om 1993 No. 83 s 79","sortOrder":33},{"sectionNumber":"sec.28","sectionType":"section","heading":null,"content":"### Section sec.28\n\ns 28 om 1993 No. 83 s 79","sortOrder":34},{"sectionNumber":"sec.29","sectionType":"section","heading":null,"content":"### Section sec.29\n\ns 29 om 1993 No. 83 s 79","sortOrder":35},{"sectionNumber":"sec.30","sectionType":"section","heading":null,"content":"### Section sec.30\n\ns 30 om 1993 No. 83 s 79","sortOrder":36},{"sectionNumber":"sec.31","sectionType":"section","heading":null,"content":"### Section sec.31\n\ns 31 om 1993 No. 83 s 79","sortOrder":37},{"sectionNumber":"sec.32","sectionType":"section","heading":null,"content":"### Section sec.32\n\ns 32 om 1993 No. 83 s 79","sortOrder":38},{"sectionNumber":"sec.33","sectionType":"section","heading":null,"content":"### Section sec.33\n\ns 33 om 1993 No. 83 s 79","sortOrder":39},{"sectionNumber":"sec.34","sectionType":"section","heading":null,"content":"### Section sec.34\n\ns 34 om 1993 No. 83 s 79","sortOrder":40},{"sectionNumber":"pt.3-div.4","sectionType":"division","heading":null,"content":"","sortOrder":41},{"sectionNumber":"sec.35","sectionType":"section","heading":null,"content":"### Section sec.35\n\ns 35 om 1993 No. 83 s 80","sortOrder":42},{"sectionNumber":"sec.36","sectionType":"section","heading":null,"content":"### Section sec.36\n\ns 36 amd 1976 No. 26 s 7 ; 1993 No. 83 s 81\nom 2002 No. 13 s 45","sortOrder":43},{"sectionNumber":"sec.37","sectionType":"section","heading":null,"content":"### Section sec.37\n\ns 37 sub 1993 No. 83 s 82\nom 2002 No. 13 s 45","sortOrder":44},{"sectionNumber":"sec.38","sectionType":"section","heading":null,"content":"### Section sec.38\n\ns 38 amd 1993 No. 83 s 83\nom 2002 No. 13 s 45","sortOrder":45},{"sectionNumber":"sec.39","sectionType":"section","heading":null,"content":"### Section sec.39\n\ns 39 sub 1993 No. 83 s 84\nom 2002 No. 13 s 45","sortOrder":46},{"sectionNumber":"sec.40","sectionType":"section","heading":null,"content":"### Section sec.40\n\ns 40 om 2002 No. 13 s 45","sortOrder":47},{"sectionNumber":"pt.4","sectionType":"part","heading":"Listening devices","content":"# Listening devices","sortOrder":48},{"sectionNumber":"sec.41","sectionType":"section","heading":"Part binds Crown","content":"### sec.41 Part binds Crown\n\nExcept where otherwise provided, this part binds the Crown.","sortOrder":49},{"sectionNumber":"sec.42","sectionType":"section","heading":"Reference to listening devices and private conversations","content":"### sec.42 Reference to listening devices and private conversations\n\nA reference in this part to a listening device does not include a reference to a hearing aid or similar device used by a person with impaired hearing to overcome the impairment and to permit the person only to hear sounds ordinarily audible to the human ear.\nA reference in this part to a party to a private conversation is a reference—\nto a person by or to whom words are spoken in the course of a private conversation; and\nto a person who, with the consent, express or implied, of any of the persons by or to whom words are spoken in the course of a private conversation, overhears, records, monitors or listens to those words.\n(sec.42-ssec.1) A reference in this part to a listening device does not include a reference to a hearing aid or similar device used by a person with impaired hearing to overcome the impairment and to permit the person only to hear sounds ordinarily audible to the human ear.\n(sec.42-ssec.2) A reference in this part to a party to a private conversation is a reference— to a person by or to whom words are spoken in the course of a private conversation; and to a person who, with the consent, express or implied, of any of the persons by or to whom words are spoken in the course of a private conversation, overhears, records, monitors or listens to those words.\n- (a) to a person by or to whom words are spoken in the course of a private conversation; and\n- (b) to a person who, with the consent, express or implied, of any of the persons by or to whom words are spoken in the course of a private conversation, overhears, records, monitors or listens to those words.","sortOrder":50},{"sectionNumber":"sec.43","sectionType":"section","heading":"Prohibition on use of listening devices","content":"### sec.43 Prohibition on use of listening devices\n\nA person is guilty of an offence against this Act if the person uses a listening device to overhear, record, monitor or listen to a private conversation and is liable on conviction on indictment to a maximum penalty of 40 penalty units or imprisonment for 2 years.\nIf a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 49A , to have also committed the offence.\nSubsection (1) does not apply—\nwhere the person using the listening device is a party to the private conversation; or\nto the unintentional hearing of a private conversation by means of a telephone; or\nto or in relation to the use of any listening device by—\nan officer employed in the service of the Commonwealth in relation to customs authorised by a warrant under the hand of the Comptroller-General of Customs under the Customs Act 1901 (Cwlth) to use a listening device in the performance of the officer’s duty; or\na person employed in connection with the security of the Commonwealth when acting in the performance of the person’s duty under an Act passed by the Parliament of the Commonwealth relating to the security of the Commonwealth; or\nto or in relation to the use of a listening device by a police officer or another person under a provision of an Act authorising the use of a listening device; or\nto or in relation to the use of a listening device that is a government network radio, activated by a communications centre operator for a public safety entity, in circumstances in which—\nan officer of the entity has activated a duress alarm; or\nan officer of the entity has contacted the communications centre operator to ask for assistance; or\nthe communications centre operator has reasonable grounds to believe there may be a risk to the life, health or safety of an officer of the entity.\nA communications centre operator for a public safety entity has lost contact with an officer of the entity and the officer does not respond to normal radio communication.\nA person referred to in subsection (2) (c) who uses a listening device to overhear, record, monitor or listen to any private conversation to which the person is not a party shall not communicate or publish the substance or meaning of that private conversation otherwise than in the performance of the person’s duty.\nThe court by which a person is convicted of an offence under this section may, by its conviction, order that any listening device used in the commission of the offence and described in the order shall be forfeited to Her Majesty and delivered up, within such period as may be specified in the order, by the person who has possession of the listening device to a person specified in the order.\nIf an order is made under subsection (4) , the person who has possession of the listening device must deliver up the listening device under the order.\nMaximum penalty—20 penalty units.\nIf a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 49A , to have also committed the offence.\nIf a person contravenes subsection (5) , whether or not a proceeding for the offence has started, a police officer may seize the listening device and deliver it up under the order.\nIn this section—\ncommunications centre operator , for a public safety entity, means a person who is employed or otherwise engaged by the entity, whether on a paid or voluntary basis, to maintain radio contact with officers of the entity.\ngovernment network radio means a radio that—\nuses a secure digital radio communications network to enable a communications centre operator for a public safety entity and an officer of the entity to communicate with each other; and\nmay be fitted to a vehicle or carried by a person.\nofficer , of a public safety entity, means a person who is employed or otherwise engaged by the entity, whether on a paid or voluntary basis.\npublic safety entity means—\nthe Queensland Ambulance Service established under the Ambulance Service Act 1991 ; or\nthe Queensland Police Service; or\neither of the following entities established under the Fire Services Act 1990 —\nQueensland Fire and Rescue;\nRural Fire Service Queensland; or\neither of the following entities established under the Marine Rescue Queensland Act 2024 —\nMarine Rescue Queensland;\nan MRQ unit; or\neither of the following entities established under the State Emergency Service Act 2024 —\nthe State Emergency Service;\nan SES unit.\ns 43 amd 1993 No. 82 s 3 sch 1 ; 1993 No. 83 s 85 ; 1995 No. 58 s 4 sch 1 ; 2000 No. 5 s 461 sch 3 ; 2010 No. 42 s 214 sch ; 2013 No. 51 s 229 sch 1 ; 2017 No. 17 s 132 ; 2024 No. 22 s 92 sch 1\n(sec.43-ssec.1) A person is guilty of an offence against this Act if the person uses a listening device to overhear, record, monitor or listen to a private conversation and is liable on conviction on indictment to a maximum penalty of 40 penalty units or imprisonment for 2 years. If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 49A , to have also committed the offence.\n(sec.43-ssec.2) Subsection (1) does not apply— where the person using the listening device is a party to the private conversation; or to the unintentional hearing of a private conversation by means of a telephone; or to or in relation to the use of any listening device by— an officer employed in the service of the Commonwealth in relation to customs authorised by a warrant under the hand of the Comptroller-General of Customs under the Customs Act 1901 (Cwlth) to use a listening device in the performance of the officer’s duty; or a person employed in connection with the security of the Commonwealth when acting in the performance of the person’s duty under an Act passed by the Parliament of the Commonwealth relating to the security of the Commonwealth; or to or in relation to the use of a listening device by a police officer or another person under a provision of an Act authorising the use of a listening device; or to or in relation to the use of a listening device that is a government network radio, activated by a communications centre operator for a public safety entity, in circumstances in which— an officer of the entity has activated a duress alarm; or an officer of the entity has contacted the communications centre operator to ask for assistance; or the communications centre operator has reasonable grounds to believe there may be a risk to the life, health or safety of an officer of the entity. A communications centre operator for a public safety entity has lost contact with an officer of the entity and the officer does not respond to normal radio communication.\n(sec.43-ssec.3) A person referred to in subsection (2) (c) who uses a listening device to overhear, record, monitor or listen to any private conversation to which the person is not a party shall not communicate or publish the substance or meaning of that private conversation otherwise than in the performance of the person’s duty.\n(sec.43-ssec.4) The court by which a person is convicted of an offence under this section may, by its conviction, order that any listening device used in the commission of the offence and described in the order shall be forfeited to Her Majesty and delivered up, within such period as may be specified in the order, by the person who has possession of the listening device to a person specified in the order.\n(sec.43-ssec.5) If an order is made under subsection (4) , the person who has possession of the listening device must deliver up the listening device under the order. Maximum penalty—20 penalty units. If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 49A , to have also committed the offence.\n(sec.43-ssec.6) If a person contravenes subsection (5) , whether or not a proceeding for the offence has started, a police officer may seize the listening device and deliver it up under the order.\n(sec.43-ssec.7) In this section— communications centre operator , for a public safety entity, means a person who is employed or otherwise engaged by the entity, whether on a paid or voluntary basis, to maintain radio contact with officers of the entity. government network radio means a radio that— uses a secure digital radio communications network to enable a communications centre operator for a public safety entity and an officer of the entity to communicate with each other; and may be fitted to a vehicle or carried by a person. officer , of a public safety entity, means a person who is employed or otherwise engaged by the entity, whether on a paid or voluntary basis. public safety entity means— the Queensland Ambulance Service established under the Ambulance Service Act 1991 ; or the Queensland Police Service; or either of the following entities established under the Fire Services Act 1990 — Queensland Fire and Rescue; Rural Fire Service Queensland; or either of the following entities established under the Marine Rescue Queensland Act 2024 — Marine Rescue Queensland; an MRQ unit; or either of the following entities established under the State Emergency Service Act 2024 — the State Emergency Service; an SES unit.\n- (a) where the person using the listening device is a party to the private conversation; or\n- (b) to the unintentional hearing of a private conversation by means of a telephone; or\n- (c) to or in relation to the use of any listening device by— (i) an officer employed in the service of the Commonwealth in relation to customs authorised by a warrant under the hand of the Comptroller-General of Customs under the Customs Act 1901 (Cwlth) to use a listening device in the performance of the officer’s duty; or (ii) a person employed in connection with the security of the Commonwealth when acting in the performance of the person’s duty under an Act passed by the Parliament of the Commonwealth relating to the security of the Commonwealth; or\n- (i) an officer employed in the service of the Commonwealth in relation to customs authorised by a warrant under the hand of the Comptroller-General of Customs under the Customs Act 1901 (Cwlth) to use a listening device in the performance of the officer’s duty; or\n- (ii) a person employed in connection with the security of the Commonwealth when acting in the performance of the person’s duty under an Act passed by the Parliament of the Commonwealth relating to the security of the Commonwealth; or\n- (d) to or in relation to the use of a listening device by a police officer or another person under a provision of an Act authorising the use of a listening device; or\n- (e) to or in relation to the use of a listening device that is a government network radio, activated by a communications centre operator for a public safety entity, in circumstances in which— (i) an officer of the entity has activated a duress alarm; or (ii) an officer of the entity has contacted the communications centre operator to ask for assistance; or (iii) the communications centre operator has reasonable grounds to believe there may be a risk to the life, health or safety of an officer of the entity. Example for subparagraph (iii) — A communications centre operator for a public safety entity has lost contact with an officer of the entity and the officer does not respond to normal radio communication.\n- (i) an officer of the entity has activated a duress alarm; or\n- (ii) an officer of the entity has contacted the communications centre operator to ask for assistance; or\n- (iii) the communications centre operator has reasonable grounds to believe there may be a risk to the life, health or safety of an officer of the entity. Example for subparagraph (iii) — A communications centre operator for a public safety entity has lost contact with an officer of the entity and the officer does not respond to normal radio communication.\n- (i) an officer employed in the service of the Commonwealth in relation to customs authorised by a warrant under the hand of the Comptroller-General of Customs under the Customs Act 1901 (Cwlth) to use a listening device in the performance of the officer’s duty; or\n- (ii) a person employed in connection with the security of the Commonwealth when acting in the performance of the person’s duty under an Act passed by the Parliament of the Commonwealth relating to the security of the Commonwealth; or\n- (i) an officer of the entity has activated a duress alarm; or\n- (ii) an officer of the entity has contacted the communications centre operator to ask for assistance; or\n- (iii) the communications centre operator has reasonable grounds to believe there may be a risk to the life, health or safety of an officer of the entity. Example for subparagraph (iii) — A communications centre operator for a public safety entity has lost contact with an officer of the entity and the officer does not respond to normal radio communication.\n- (a) uses a secure digital radio communications network to enable a communications centre operator for a public safety entity and an officer of the entity to communicate with each other; and\n- (b) may be fitted to a vehicle or carried by a person.\n- (a) the Queensland Ambulance Service established under the Ambulance Service Act 1991 ; or\n- (b) the Queensland Police Service; or\n- (c) either of the following entities established under the Fire Services Act 1990 — (i) Queensland Fire and Rescue; (ii) Rural Fire Service Queensland; or\n- (i) Queensland Fire and Rescue;\n- (ii) Rural Fire Service Queensland; or\n- (d) either of the following entities established under the Marine Rescue Queensland Act 2024 — (i) Marine Rescue Queensland; (ii) an MRQ unit; or\n- (i) Marine Rescue Queensland;\n- (ii) an MRQ unit; or\n- (e) either of the following entities established under the State Emergency Service Act 2024 — (i) the State Emergency Service; (ii) an SES unit.\n- (i) the State Emergency Service;\n- (ii) an SES unit.\n- (i) Queensland Fire and Rescue;\n- (ii) Rural Fire Service Queensland; or\n- (i) Marine Rescue Queensland;\n- (ii) an MRQ unit; or\n- (i) the State Emergency Service;\n- (ii) an SES unit.","sortOrder":51},{"sectionNumber":"sec.44","sectionType":"section","heading":"Prohibition on communication or publication of private conversations unlawfully listened to","content":"### sec.44 Prohibition on communication or publication of private conversations unlawfully listened to\n\nA person is guilty of an offence against this Act if the person communicates or publishes to any other person a private conversation, or a report of, or of the substance, meaning or purport of, a private conversation, that has come to his or her knowledge as a result, direct or indirect, of the use of a listening device used in contravention of section 43 and is liable on conviction on indictment to a maximum penalty of 40 penalty units or imprisonment for 2 years.\nIf a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 49A , to have also committed the offence.\nSubsection (1) does not apply—\nwhere the communication or publication of the private conversation is made—\nto a party to the conversation or with the consent, express or implied, of such a party; or\nin the course of proceedings for an offence against this Act constituted by a contravention of, or a failure to comply with any provision of this part; or\nto prevent a person who has obtained knowledge of a private conversation otherwise than in a manner referred to in that subsection from communicating or publishing to another person the knowledge so obtained by the person, notwithstanding that the person also obtained knowledge of the conversation in such a manner.\ns 44 amd 1993 No. 83 s 86 ; 2013 No. 51 s 229 sch 1\n(sec.44-ssec.1) A person is guilty of an offence against this Act if the person communicates or publishes to any other person a private conversation, or a report of, or of the substance, meaning or purport of, a private conversation, that has come to his or her knowledge as a result, direct or indirect, of the use of a listening device used in contravention of section 43 and is liable on conviction on indictment to a maximum penalty of 40 penalty units or imprisonment for 2 years. If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 49A , to have also committed the offence.\n(sec.44-ssec.2) Subsection (1) does not apply— where the communication or publication of the private conversation is made— to a party to the conversation or with the consent, express or implied, of such a party; or in the course of proceedings for an offence against this Act constituted by a contravention of, or a failure to comply with any provision of this part; or to prevent a person who has obtained knowledge of a private conversation otherwise than in a manner referred to in that subsection from communicating or publishing to another person the knowledge so obtained by the person, notwithstanding that the person also obtained knowledge of the conversation in such a manner.\n- (a) where the communication or publication of the private conversation is made— (i) to a party to the conversation or with the consent, express or implied, of such a party; or (ii) in the course of proceedings for an offence against this Act constituted by a contravention of, or a failure to comply with any provision of this part; or\n- (i) to a party to the conversation or with the consent, express or implied, of such a party; or\n- (ii) in the course of proceedings for an offence against this Act constituted by a contravention of, or a failure to comply with any provision of this part; or\n- (b) to prevent a person who has obtained knowledge of a private conversation otherwise than in a manner referred to in that subsection from communicating or publishing to another person the knowledge so obtained by the person, notwithstanding that the person also obtained knowledge of the conversation in such a manner.\n- (i) to a party to the conversation or with the consent, express or implied, of such a party; or\n- (ii) in the course of proceedings for an offence against this Act constituted by a contravention of, or a failure to comply with any provision of this part; or","sortOrder":52},{"sectionNumber":"sec.45","sectionType":"section","heading":"Prohibition on communication or publication of private conversations by parties thereto","content":"### sec.45 Prohibition on communication or publication of private conversations by parties thereto\n\nA person who, having been a party to a private conversation and having used a listening device to overhear, record, monitor or listen to that conversation, subsequently communicates or publishes to any other person any record of the conversation made, directly or indirectly, by the use of the listening device or any statement prepared from such a record is guilty of an offence against this Act and is liable on conviction on indictment to a maximum penalty of 40 penalty units or imprisonment for 2 years.\nIf a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 49A , to have also committed the offence.\nSubsection (1) does not apply where the communication or publication—\nis made to another party to the private conversation or with the consent, express or implied, of all other parties to the private conversation, being parties referred to in section 42 (2) (a) ; or\nis made in the course of legal proceedings; or\nis not more than is reasonably necessary—\nin the public interest; or\nin the performance of a duty of the person making the communication or publication; or\nfor the protection of the lawful interests of that person; or\nis made to a person who has, or is believed, on reasonable grounds, by the person making the communication or publication to have, such an interest in the private conversation as to make the communication or publication reasonable under the circumstances in which it is made; or\nis made by a person who used the listening device to overhear, record, monitor, or listen to the private conversation under section 43 (2) (c) or (d) .\nIn subsection (2) —\nlegal proceedings includes—\nproceedings (whether civil or criminal) in or before any court; and\nproceedings before justices; and\nproceedings before any court, tribunal or person (including any inquiry, examination or arbitration) in which evidence is or may be given; and\nany part of legal proceedings.\ns 45 amd 1988 No. 58 s 11 ; 1993 No. 83 s 87 ; 2000 No. 5 s 461 sch 3 ; 2013 No. 51 s 229 sch 1\n(sec.45-ssec.1) A person who, having been a party to a private conversation and having used a listening device to overhear, record, monitor or listen to that conversation, subsequently communicates or publishes to any other person any record of the conversation made, directly or indirectly, by the use of the listening device or any statement prepared from such a record is guilty of an offence against this Act and is liable on conviction on indictment to a maximum penalty of 40 penalty units or imprisonment for 2 years. If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 49A , to have also committed the offence.\n(sec.45-ssec.2) Subsection (1) does not apply where the communication or publication— is made to another party to the private conversation or with the consent, express or implied, of all other parties to the private conversation, being parties referred to in section 42 (2) (a) ; or is made in the course of legal proceedings; or is not more than is reasonably necessary— in the public interest; or in the performance of a duty of the person making the communication or publication; or for the protection of the lawful interests of that person; or is made to a person who has, or is believed, on reasonable grounds, by the person making the communication or publication to have, such an interest in the private conversation as to make the communication or publication reasonable under the circumstances in which it is made; or is made by a person who used the listening device to overhear, record, monitor, or listen to the private conversation under section 43 (2) (c) or (d) .\n(sec.45-ssec.3) In subsection (2) — legal proceedings includes— proceedings (whether civil or criminal) in or before any court; and proceedings before justices; and proceedings before any court, tribunal or person (including any inquiry, examination or arbitration) in which evidence is or may be given; and any part of legal proceedings.\n- (a) is made to another party to the private conversation or with the consent, express or implied, of all other parties to the private conversation, being parties referred to in section 42 (2) (a) ; or\n- (b) is made in the course of legal proceedings; or\n- (c) is not more than is reasonably necessary— (i) in the public interest; or (ii) in the performance of a duty of the person making the communication or publication; or (iii) for the protection of the lawful interests of that person; or\n- (i) in the public interest; or\n- (ii) in the performance of a duty of the person making the communication or publication; or\n- (iii) for the protection of the lawful interests of that person; or\n- (d) is made to a person who has, or is believed, on reasonable grounds, by the person making the communication or publication to have, such an interest in the private conversation as to make the communication or publication reasonable under the circumstances in which it is made; or\n- (e) is made by a person who used the listening device to overhear, record, monitor, or listen to the private conversation under section 43 (2) (c) or (d) .\n- (i) in the public interest; or\n- (ii) in the performance of a duty of the person making the communication or publication; or\n- (iii) for the protection of the lawful interests of that person; or\n- (a) proceedings (whether civil or criminal) in or before any court; and\n- (b) proceedings before justices; and\n- (c) proceedings before any court, tribunal or person (including any inquiry, examination or arbitration) in which evidence is or may be given; and\n- (d) any part of legal proceedings.","sortOrder":53},{"sectionNumber":"sec.46","sectionType":"section","heading":"Inadmissibility of evidence of private conversations when unlawfully obtained","content":"### sec.46 Inadmissibility of evidence of private conversations when unlawfully obtained\n\nWhere a private conversation has come to the knowledge of a person as a result, direct or indirect, of the use of a listening device used in contravention of section 43 , evidence of that conversation may not be given by that person in any civil or criminal proceedings.\nSubsection (1) does not render inadmissible—\nevidence of a private conversation that has, in the manner referred to in that subsection, come to the knowledge of the person called to give the evidence, if a party to the conversation consents to that person giving the evidence; or\nevidence of a private conversation that has, otherwise than in the manner referred to in that subsection, come to the knowledge of the person called to give the evidence, notwithstanding that the person also obtained knowledge of the conversation in such a manner; or\nin any proceedings for an offence against this Act constituted by a contravention of, or a failure to comply with, any provision of this part, evidence of a private conversation that has in the manner referred to in that subsection come to the knowledge of the person called to give the evidence.\nThe court before which any proceedings referred to in subsection (2) (c) are brought may, at any stage of the proceedings and from time to time, make an order forbidding publication of any evidence, or of any report of, or report of the substance, meaning or purport of, any evidence referred to in that subsection.\nAny person who contravenes an order made under subsection (3) is guilty of an offence against this Act.\nMaximum penalty—10 penalty units.\nIf a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 49A , to have also committed the offence.\ns 46 amd 1993 No. 83 s 88 ; 2010 No. 42 s 214 sch ; 2013 No. 51 s 229 sch 1\n(sec.46-ssec.1) 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 used in contravention of section 43 , evidence of that conversation may not be given by that person in any civil or criminal proceedings.\n(sec.46-ssec.2) Subsection (1) does not render inadmissible— evidence of a private conversation that has, in the manner referred to in that subsection, come to the knowledge of the person called to give the evidence, if a party to the conversation consents to that person giving the evidence; or evidence of a private conversation that has, otherwise than in the manner referred to in that subsection, come to the knowledge of the person called to give the evidence, notwithstanding that the person also obtained knowledge of the conversation in such a manner; or in any proceedings for an offence against this Act constituted by a contravention of, or a failure to comply with, any provision of this part, evidence of a private conversation that has in the manner referred to in that subsection come to the knowledge of the person called to give the evidence.\n(sec.46-ssec.3) The court before which any proceedings referred to in subsection (2) (c) are brought may, at any stage of the proceedings and from time to time, make an order forbidding publication of any evidence, or of any report of, or report of the substance, meaning or purport of, any evidence referred to in that subsection.\n(sec.46-ssec.4) Any person who contravenes an order made under subsection (3) is guilty of an offence against this Act. Maximum penalty—10 penalty units. If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 49A , to have also committed the offence.\n- (a) evidence of a private conversation that has, in the manner referred to in that subsection, come to the knowledge of the person called to give the evidence, if a party to the conversation consents to that person giving the evidence; or\n- (b) evidence of a private conversation that has, otherwise than in the manner referred to in that subsection, come to the knowledge of the person called to give the evidence, notwithstanding that the person also obtained knowledge of the conversation in such a manner; or\n- (c) in any proceedings for an offence against this Act constituted by a contravention of, or a failure to comply with, any provision of this part, evidence of a private conversation that has in the manner referred to in that subsection come to the knowledge of the person called to give the evidence.","sortOrder":54},{"sectionNumber":"sec.47","sectionType":"section","heading":null,"content":"### Section sec.47\n\ns 47 amd 1993 No. 83 s 89\nom 2000 No. 5 s 461 sch 3","sortOrder":55},{"sectionNumber":"sec.48","sectionType":"section","heading":"Advertising listening devices prohibited","content":"### sec.48 Advertising listening devices prohibited\n\nA person who—\npublishes or causes to be published by radio or television or in any newspaper or other publication an advertisement relating to any listening device of a prescribed class or description; or\nin any other way advertises or publicly exhibits any such listening device with the intention or apparent intention of promoting its sale or use;\nis guilty of an offence.\nMaximum penalty—20 penalty units or imprisonment for 1 year.\ns 48 amd 1993 No. 83 s 90\n- (a) publishes or causes to be published by radio or television or in any newspaper or other publication an advertisement relating to any listening device of a prescribed class or description; or\n- (b) in any other way advertises or publicly exhibits any such listening device with the intention or apparent intention of promoting its sale or use;","sortOrder":56},{"sectionNumber":"pt.4A","sectionType":"part","heading":"Invasion of privacy with respect to dwelling houses","content":"# Invasion of privacy with respect to dwelling houses","sortOrder":57},{"sectionNumber":"sec.48A","sectionType":"section","heading":"Unlawful entry of dwelling houses","content":"### sec.48A Unlawful entry of dwelling houses\n\nAny person who enters a dwelling house without the consent of the person in lawful occupation or, where there is not a person in lawful occupation, without the consent of the owner is guilty of an offence.\nMaximum penalty—20 penalty units or imprisonment for 1 year.\nIf the offender gains entry to the dwelling house—\nby force; or\nby threats or intimidation of any kind; or\nby deceit; or\nby any fraudulent trick or device; or\nby false and fraudulent representations as to the reason for entry;\nthe offender is guilty of an offence whether or not the offender has the consent of the person in lawful occupation or the owner.\nMaximum penalty—30 penalty units or imprisonment for 18 months.\nA person is not guilty of an offence under subsection (1) or (1A) —\nwhere the person shows that his or her entry of the dwelling house in question (not being an entry by any means referred to in subsection (1A) (b) , (c) , (d) or (e) ) was authorised, justified or excused by law; or\nwhere the person shows that he or she entered the dwelling house in question bona fide for the protection or succour of any person therein or the preservation or protection of the dwelling house.\nAny person who without lawful excuse, the proof of which lawful excuse shall be upon the person, is found in a dwelling house or the yard of a dwelling house is guilty of an offence.\nMaximum penalty—20 penalty units or imprisonment for 1 year.\nIn subsection (3) —\nyard includes any path, garden, curtilage, courtyard, enclosure, lawn or other ground or area within the precincts of or appurtenant to or under the dwelling house in question.\nIt is lawful for any person who finds another committing an offence against this section to arrest him or her without warrant.\nIn any case where there is power pursuant to subsection (4) to arrest an offender, the power and authority to proceed against such an offender by way of complaint and summons under the Justices Act 1886 in accordance with this Act also lies.\nThe provisions of this section are in addition to, are not in substitution for, and do not derogate from any of the provisions of the Criminal Code or any other Act.\nIn this section—\ndwelling house has the meaning it has from time to time in the Criminal Code .\nFor the purposes of this section, a person is said to enter a dwelling house as soon as any part of the person’s body or any part of any instrument used by the person is within the dwelling house.\ns 48A ins 1976 No. 26 s 8\namd 1993 No. 83 s 91 ; 2000 No. 5 s 461 sch 3 ; 2010 No. 42 s 214 sch\n(sec.48A-ssec.1) Any person who enters a dwelling house without the consent of the person in lawful occupation or, where there is not a person in lawful occupation, without the consent of the owner is guilty of an offence. Maximum penalty—20 penalty units or imprisonment for 1 year.\n(sec.48A-ssec.1A) If the offender gains entry to the dwelling house— by force; or by threats or intimidation of any kind; or by deceit; or by any fraudulent trick or device; or by false and fraudulent representations as to the reason for entry; the offender is guilty of an offence whether or not the offender has the consent of the person in lawful occupation or the owner. Maximum penalty—30 penalty units or imprisonment for 18 months.\n(sec.48A-ssec.2) A person is not guilty of an offence under subsection (1) or (1A) — where the person shows that his or her entry of the dwelling house in question (not being an entry by any means referred to in subsection (1A) (b) , (c) , (d) or (e) ) was authorised, justified or excused by law; or where the person shows that he or she entered the dwelling house in question bona fide for the protection or succour of any person therein or the preservation or protection of the dwelling house.\n(sec.48A-ssec.3) Any person who without lawful excuse, the proof of which lawful excuse shall be upon the person, is found in a dwelling house or the yard of a dwelling house is guilty of an offence. Maximum penalty—20 penalty units or imprisonment for 1 year.\n(sec.48A-ssec.3A) In subsection (3) — yard includes any path, garden, curtilage, courtyard, enclosure, lawn or other ground or area within the precincts of or appurtenant to or under the dwelling house in question.\n(sec.48A-ssec.4) It is lawful for any person who finds another committing an offence against this section to arrest him or her without warrant.\n(sec.48A-ssec.5) In any case where there is power pursuant to subsection (4) to arrest an offender, the power and authority to proceed against such an offender by way of complaint and summons under the Justices Act 1886 in accordance with this Act also lies.\n(sec.48A-ssec.11) The provisions of this section are in addition to, are not in substitution for, and do not derogate from any of the provisions of the Criminal Code or any other Act.\n(sec.48A-ssec.12) In this section— dwelling house has the meaning it has from time to time in the Criminal Code .\n(sec.48A-ssec.13) For the purposes of this section, a person is said to enter a dwelling house as soon as any part of the person’s body or any part of any instrument used by the person is within the dwelling house.\n- (a) by force; or\n- (b) by threats or intimidation of any kind; or\n- (c) by deceit; or\n- (d) by any fraudulent trick or device; or\n- (e) by false and fraudulent representations as to the reason for entry;\n- (a) where the person shows that his or her entry of the dwelling house in question (not being an entry by any means referred to in subsection (1A) (b) , (c) , (d) or (e) ) was authorised, justified or excused by law; or\n- (b) where the person shows that he or she entered the dwelling house in question bona fide for the protection or succour of any person therein or the preservation or protection of the dwelling house.","sortOrder":58},{"sectionNumber":"pt.5","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":59},{"sectionNumber":"sec.48B","sectionType":"section","heading":"Delegation by chief executive","content":"### sec.48B Delegation by chief executive\n\nThe chief executive may delegate the chief executive’s powers under this Act to an officer of the department.\ns 48B ins 1993 No. 83 s 92","sortOrder":60},{"sectionNumber":"sec.49","sectionType":"section","heading":"Offences and penalty","content":"### sec.49 Offences and penalty\n\nA person who contravenes or fails to comply with any provision of this Act is guilty of an offence against this Act and, where no penalty is expressly provided, is liable to a penalty not exceeding 10 penalty units.\nAny offence against this Act which is expressed to be punishable upon conviction on indictment is a misdemeanour.\nExcept where this Act otherwise provides, offences against this Act shall be punishable on summary conviction.\ns 49 amd 1993 No. 83 s 93 ; 2013 No. 51 s 79\n(sec.49-ssec.1) A person who contravenes or fails to comply with any provision of this Act is guilty of an offence against this Act and, where no penalty is expressly provided, is liable to a penalty not exceeding 10 penalty units.\n(sec.49-ssec.2) Any offence against this Act which is expressed to be punishable upon conviction on indictment is a misdemeanour.\n(sec.49-ssec.3) Except where this Act otherwise provides, offences against this Act shall be punishable on summary conviction.","sortOrder":61},{"sectionNumber":"sec.49A","sectionType":"section","heading":"Executive officer may be taken to have committed offence ","content":"### sec.49A Executive officer may be taken to have committed offence \n\nIf a corporation commits an offence against a deemed executive liability provision, each executive officer of the corporation is taken to have also committed the offence if—\nthe officer authorised or permitted the corporation’s conduct constituting the offence; or\nthe officer was, directly or indirectly, knowingly concerned in the corporation’s conduct.\nThe executive officer may be proceeded against for, and convicted of, the offence against the deemed executive liability provision whether or not the corporation has been proceeded against for, or convicted of, the offence.\nThis section does not affect either of the following—\nthe liability of the corporation for the offence against the deemed executive liability provision;\nthe liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against the deemed executive liability provision.\nIn this section—\ndeemed executive liability provision means any of the following provisions—\nsection 43 (1)\nsection 43 (5)\nsection 44 (1)\nsection 45 (1)\nsection 46 (4) .\nexecutive officer , of a corporation, means a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director or the person’s position is given the name of executive officer.\ns 49A ins 2013 No. 51 s 80\n(sec.49A-ssec.1) If a corporation commits an offence against a deemed executive liability provision, each executive officer of the corporation is taken to have also committed the offence if— the officer authorised or permitted the corporation’s conduct constituting the offence; or the officer was, directly or indirectly, knowingly concerned in the corporation’s conduct.\n(sec.49A-ssec.2) The executive officer may be proceeded against for, and convicted of, the offence against the deemed executive liability provision whether or not the corporation has been proceeded against for, or convicted of, the offence.\n(sec.49A-ssec.3) This section does not affect either of the following— the liability of the corporation for the offence against the deemed executive liability provision; the liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against the deemed executive liability provision.\n(sec.49A-ssec.4) In this section— deemed executive liability provision means any of the following provisions— section 43 (1) section 43 (5) section 44 (1) section 45 (1) section 46 (4) . executive officer , of a corporation, means a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director or the person’s position is given the name of executive officer.\n- (a) the officer authorised or permitted the corporation’s conduct constituting the offence; or\n- (b) the officer was, directly or indirectly, knowingly concerned in the corporation’s conduct.\n- (a) the liability of the corporation for the offence against the deemed executive liability provision;\n- (b) the liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against the deemed executive liability provision.\n- • section 43 (1)\n- • section 43 (5)\n- • section 44 (1)\n- • section 45 (1)\n- • section 46 (4) .","sortOrder":62},{"sectionNumber":"sec.50","sectionType":"section","heading":"Proceedings how and when taken","content":"### sec.50 Proceedings how and when taken\n\nProceedings for an offence against this Act that is punishable on summary conviction may be brought within the period of 12 months of the commission of the alleged offence, or within 6 months after the commission of the alleged offence comes to the knowledge of the complainant whichever is the later.\ns 50 amd 1993 No. 83 s 94","sortOrder":63},{"sectionNumber":"sec.51","sectionType":"section","heading":"Saving of remedies","content":"### sec.51 Saving of remedies\n\nNo proceedings or conviction for any offence against this Act shall affect any civil right or remedy to which any person aggrieved by the offence may be entitled.\ns 51 amd 2002 No. 13 s 46","sortOrder":64},{"sectionNumber":"sec.51A","sectionType":"section","heading":"Protection from liability","content":"### sec.51A Protection from liability\n\nIn this section—\nofficial means—\nthe Minister; or\nthe Commissioner; or\nthe chief executive; or\nan inspector; or\na police officer; or\na person acting under the direction of an inspector or a police officer.\nAn official does not incur civil liability for an act or omission done honestly and without negligence under this Act.\nA liability that would, apart from this section, attach to an official attaches instead to the State.\ns 51A ins 1976 No. 26 s 9\nsub 1993 No. 83 s 95\n(sec.51A-ssec.1) In this section— official means— the Minister; or the Commissioner; or the chief executive; or an inspector; or a police officer; or a person acting under the direction of an inspector or a police officer.\n(sec.51A-ssec.2) An official does not incur civil liability for an act or omission done honestly and without negligence under this Act.\n(sec.51A-ssec.3) A liability that would, apart from this section, attach to an official attaches instead to the State.\n- (a) the Minister; or\n- (b) the Commissioner; or\n- (c) the chief executive; or\n- (d) an inspector; or\n- (e) a police officer; or\n- (f) a person acting under the direction of an inspector or a police officer.","sortOrder":65},{"sectionNumber":"sec.51B","sectionType":"section","heading":"Approval of forms","content":"### sec.51B Approval of forms\n\nThe chief executive may approve forms for use under this Act.\ns 51B prev s 51B ins 1992 No. 40 s 163 sch 1\nom 1993 No. 83 s 96\npres s 51B ins 1995 No. 58 s 4 sch 1","sortOrder":66},{"sectionNumber":"sec.52","sectionType":"section","heading":"Regulation-making power","content":"### sec.52 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nA regulation may provide for a maximum penalty of 20 penalty units for a contravention of the regulation.\ns 52 sub 1993 No. 83 s 97\namd 1995 No. 58 s 4 sch 1 ; 1999 No. 63 s 68 ; 2002 No. 13 s 47\n(sec.52-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.52-ssec.2) A regulation may provide for a maximum penalty of 20 penalty units for a contravention of the regulation.","sortOrder":67},{"sectionNumber":"sec.53","sectionType":"section","heading":null,"content":"### Section sec.53\n\ns 53 om 1992 No. 40 s 163 sch 1","sortOrder":68}],"analysis":{"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act's original 1971 scope was broad, establishing a licensing and regulatory regime for private inquiry agents, subagents, credit reporting agents and related businesses alongside listening-device rules. Successive amendments (notably 1993 No. 83 and 2002 No. 13) repealed or relocated virtually all licensing provisions, narrowing the legislation to focus on prohibitions on listening devices (Part 4), trespassory invasions of dwelling houses (Part 4A) and ancillary enforcement. This represents a significant contraction from its initial comprehensive regulatory purpose."},"complexity_factors":["Layered exceptions within exceptions across ss 43–46, including cross-references to Commonwealth Acts, state emergency legislation and the Criminal Code","Heavily amended structure with dozens of repealed or omitted sections (e.g. former licensing regime removed in 1993 and 2002), leaving a fragmented Act","Detailed definitional provisions (especially 'private conversation' and 'listening device') that require careful reading against the facts","Deemed executive liability rules in s 49A that apply only to specific subsections","Interaction of summary and indictable offence pathways plus time limits in s 50"],"plain_english_summary":"**The Invasion of Privacy Act 1971 protects personal privacy in Queensland mainly by banning the secret use of recording devices (called listening devices) to capture private conversations, and by making it illegal to sneak into someone's home without permission.**\n\nIt applies to everyone in the state. The core rule is simple: you cannot use a hidden microphone, recorder or similar gadget to listen in on or record a private talk unless you are actually part of that talk, or you fall into one of the narrow exceptions (such as police acting under a warrant, or emergency services using their radios in genuine crises). Sharing or publishing recordings made this way is also banned, with extra rules for people who were originally part of the conversation. \n\nThe Act also creates separate offences for breaking into or being found inside a home (dwelling house) without consent, especially if done by force, lies or tricks. It sets out who can enforce the rules (inspectors and police), what defences exist, and how courts should treat evidence obtained illegally. Penalties range from fines (measured in penalty units) to jail time. The law aims to balance everyday privacy with public safety and law-enforcement needs, while protecting emergency workers who use official radios."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The text includes multiple amendment annotations and inserted sections indicating the Act’s scope has been adjusted since enactment (see amendment notes attached to s.6A, s.43, s.48A, s.49A and others). For example, s.6A (production of inspector’s identity card) is shown as inserted (1993 No.83 s.63), s.49A (executive officer liability) is inserted (2013 No.51 s.80), and s.43 lists amendment dates including 2024 (s.43 amd 1993…2017…2024 No.22 s.92 sch 1). Those annotations in the source text demonstrate that key provisions, exceptions and enforcement mechanisms have been added or altered over time, so the current statutory scope differs from the original enactment."},"complexity_factors":["Multiple, specific criminal prohibitions with overlapping scope (use of listening devices s.43; communication/publication s.44–45; evidence rules s.46).","Numerous exceptions and cross-references to other statutes and authorisations (s.43(2)(c)–(d); interplay with warrants and Commonwealth Acts; s.48A(11) reference to the Criminal Code).","Inspectorial regime with delegated discretion: chief executive appoints and can limit inspectors; inspectors have entry, interrogation and inspection powers (s.5–7).","Corporate and executive liability dimensions where executive officers may be treated as having committed offences (s.49A).","Forfeiture and seizure mechanics tied to convictions and orders (s.43(4)–(6)).","Evidentiary consequences (inadmissibility and court suppression orders) that affect civil and criminal litigation strategy (s.46).","Regulation-making power and use of 'prescribed' classes which transfers important definitional work to subordinate instruments (s.48, s.52).","Multiple amendments and inserted sections noted in the text (annotations throughout) that indicate evolving scope and layered drafting (affects interpretive complexity)."],"plain_english_summary":"## What this law does (mechanics)\n\n- Makes it a criminal offence to use a device to overhear, record, monitor or listen to a private conversation (s.43). The maximum penalty for that offence is set out in s.43(1). The court can order forfeiture of devices used in the offence (s.43(4)–(6)).\n\n- Makes it an offence to communicate or publish a private conversation if the person learned it as a result, direct or indirect, of using a listening device unlawfully (s.44). It also makes it an offence for a party who used a listening device to later publish or communicate recordings or statements derived from that device (s.45).\n\n- Rules that evidence of a private conversation obtained by unlawful use of a listening device is generally inadmissible in civil or criminal proceedings (s.46). There are specific exceptions where consent or other circumstances apply (s.46(2)). Courts can make suppression orders about evidence in proceedings under the Act (s.46(3)).\n\n- Prohibits advertising certain prescribed classes of listening devices (s.48). Regulations may define the prescribed classes (see s.52 and s.48).\n\n- Prohibits unlawful entry into dwelling houses (s.48A). Entry without the consent of an occupier or owner is an offence; aggravated entry (by force, threats, deceit, fraud) carries a higher maximum penalty. The section includes defences, an arrest power for private citizens, and confirms it operates alongside the Criminal Code (s.48A).\n\n- Establishes an inspector regime: the chief executive appoints inspectors (s.5), issues identity cards which must be produced before exercising powers (s.6–6A), and inspectors have inspection, inquiry and questioning powers including entry to a licensee’s registered address (s.7). The chief executive may limit an inspector’s powers in the instrument of appointment (s.5(3)).\n\n- Provides enforcement and procedural machinery: general penalty backstop (s.49), limitation period for summary offences (s.50), preservation of civil remedies (s.51), protection from civil liability for officials acting honestly and without negligence (s.51A), delegation of the chief executive’s powers (s.48B), and a regulation-making power (s.52). It also creates executive officer liability for certain corporate offences (s.49A).\n\n\n## Who this affects (actors & decision-makers)\n\n- Private individuals: prohibited from using listening devices to record private conversations and from publishing recordings obtained unlawfully (s.43–45). Individuals can be criminally prosecuted and face fines or imprisonment (s.43, s.44, s.45, s.49).\n\n- Corporations: can be prosecuted; where a corporation commits an offence, executive officers may also be taken to have committed the offence if they authorised, permitted or were knowingly concerned in the conduct (s.49A). This applies to specified provisions listed in s.49A(4).\n\n- Law enforcement and other authorised officers: exceptions allow authorised use of listening devices under other Acts or warrants (s.43(2)(c)–(d)). Communications centre operators for specified public safety entities are treated differently in emergency scenarios (s.43(2)(e) and definitions in s.43(7)).\n\n- The chief executive and Governor in Council: the chief executive appoints and limits inspectors (s.5), approves forms (s.51B), may delegate powers (s.48B); the Governor in Council makes regulations under the Act (s.52).\n\n- Courts: decide guilt, impose penalties, make forfeiture orders for devices (s.43(4)), and can forbid publication of evidence in proceedings under the Act (s.46(3)).\n\n\n## Why it matters (incentives, who pays, trade-offs and implementation mechanics)\n\n- Who pays: offenders pay criminal penalties (fines or imprisonment) and may be required to surrender devices (s.43(1), (4)–(6)); corporations risk penalties and potential liability for executive officers (s.49, s.49A). Officials who act honestly and without negligence are insulated from civil liability, with liability instead attaching to the State (s.51A).\n\n- Behaviour the law changes: it criminalises covert use of listening devices against private conversations (s.43), discourages publication of content obtained unlawfully (s.44–45), and restricts commercial promotion of certain listening devices (s.48). It creates an inspector oversight route for licensed activities and gives inspectors powers to examine licensees’ premises and records (s.7).\n\n- Enforcement levers and discretion: the chief executive controls appointment and limits on inspectors (s.5), and may delegate powers (s.48B). The Governor in Council can make regulations including those that specify classes of prohibited listening devices or other operational rules (s.52). Those delegated and regulatory powers determine how broadly the prohibitions and permitted exceptions will be applied.\n\n- Compliance burden: businesses that sell, advertise or use listening devices may face criminal exposure (s.43, s.48) and inspection risk (s.7). Persons subject to inspection must produce answers and declarations (s.7(1)(a)), though not compelled to self-incriminate (s.7(2)). Individuals must return inspector identity cards on ceasing appointment and inspectors must produce identity cards before exercising powers (s.6–6A).\n\n- Interaction with other laws and operational trade-offs: the Act preserves lawful uses authorised under other Commonwealth laws (s.43(2)(c)–(d)) and expressly operates alongside the Criminal Code for dwelling-house offences (s.48A(11)). The inadmissibility rule (s.46) can exclude evidence derived from unlawful recordings, which trades off evidentiary utility against discouraging unlawful surveillance.\n\n- Targeting and definition choices that shape effects: the Act hinges on statutory definitions (e.g. \"listening device\" and \"private conversation\" in s.4 and s.42) and on terms that may be prescribed by regulation (s.48, s.52). Those definitional and regulatory choices determine the boundary between lawful and unlawful devices and conduct.\n\n\n## Implementation risks and predictable substitution effects\n\n- Enforcement depends on identification and seizure of devices and successful prosecution; the court’s power to forfeit devices (s.43(4)–(6)) and criminal penalties (s.43–45, s.49) are the main enforcement tools. The inadmissibility rule (s.46) shifts some enforcement to pre-trial evidentiary rulings.\n\n- The Act allows certain exceptions (parties to a conversation, authorised officers, telephone overhearing, public safety communications centre scenarios) (s.43(2), s.43(7)). Those exceptions create routes by which information may still be collected and used, and encourage actors who need lawful recordings to rely on party-consent or statutory authorisations.\n\n- Because advertising of prescribed devices is banned (s.48) and regulations can prescribe classes (s.52), suppliers may change marketing, distribution or product design to avoid the statutory categories. The Act’s inspector powers (s.7) and licensing-related references in definitions (s.4) suggest regulated licensing and oversight for some classes of private inquiry or credit-reporting activity, which alters compliance costs for those operators.\n\n\n## Sections to note for specific consequences\n\n- Prohibition on listening-device use and forfeiture (s.43).\n- Prohibition on publishing unlawfully-obtained private conversations (s.44) and on a party publishing recordings made by their use of a listening device (s.45).\n- Evidence inadmissibility rule and court suppression power (s.46).\n- Unlawful entry of dwelling houses, aggravated entry and citizen arrest power (s.48A).\n- Inspector appointment, identity and powers (s.5–7, s.6A).\n- Executive officer liability for corporate offences (s.49A).\n- Official protection from civil liability (s.51A).\n- Regulation-making authority that can define prescribed device classes and penalties (s.48, s.52).\n\n"},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act's scope has significantly narrowed from its original intent. As enacted in 1971, the Act regulated private inquiry agents (private investigators), credit reporting agents, and their licensing — in addition to listening devices. By 2002, all provisions relating to private inquiry agents and credit reporting agents had been repealed and transferred to other legislation. The Act now operates primarily as a listening device and home entry protection statute, covering a much smaller subject matter than originally intended."},"complexity_factors":["Extensive amendment history spanning from 1976 to 2024, with numerous provisions repealed and substituted over time, making it difficult to understand the Act's original scope without historical research","Multiple layered exceptions and carve-outs to the listening device prohibition (e.g., party-to-conversation exception, law enforcement exceptions, public safety entity exception), each with their own sub-conditions","The 'party to a private conversation' exception in s.43 interacts complexly with the separate offence in s.45 that criminalises sharing your own recordings","Corporate liability provisions (s.49A) layer personal criminal responsibility onto company executives, requiring understanding of both corporate law concepts and criminal law","Rules governing admissibility of evidence (s.46) require understanding of both criminal and civil procedure","The definition of 'private conversation' involves contextual and objective ('reasonable expectation') tests that require case-by-case analysis","Cross-references to multiple external Acts (Criminal Code, Customs Act 1901, Ambulance Service Act, Fire Services Act, Marine Rescue Queensland Act, State Emergency Service Act, Justices Act 1886) create a web of interconnected legislation","Ghost sections (ss.8-40, 47, 53) that have been repealed but still occupy numbering space, creating confusion about what the Act currently contains"],"plain_english_summary":"## What is this law?\n\nThe *Invasion of Privacy Act 1971* is a **Queensland** law that protects people's privacy in two main ways: (1) it bans the secret recording or monitoring of private conversations using listening devices (think hidden microphones or recording apps), and (2) it makes it a crime to enter someone's home without permission.\n\n---\n\n## Who does it affect?\n\nThis law applies to **everyone in Queensland** — ordinary people, businesses, journalists, and government officials alike. It even binds the Crown (meaning government agencies must follow it too).\n\n---\n\n## Key things the law does\n\n### 🎙️ Listening devices (secret recording)\n- It is **illegal** to use a listening device to secretly record or monitor a **private conversation** — one where the people talking expect only they can hear it.\n- Penalty: up to **2 years in prison** or a fine.\n- **Sharing or publishing** an illegally recorded conversation is also a crime — even if you weren't the one who made the recording.\n- Even if you *were* part of the conversation but secretly recorded it, you can **still be prosecuted** for sharing that recording without proper justification.\n- Evidence from illegal recordings is generally **inadmissible** (cannot be used) in court.\n\n### ✅ When recording IS allowed\n- You're a **party to the conversation** (but sharing it publicly still has limits).\n- You accidentally overhear something on a phone.\n- You're a **police officer or authorised government official** with a legal warrant or permission.\n- Emergency services (Queensland Police, Ambulance, Fire, State Emergency Service, Marine Rescue) using secure radio networks to monitor officers in danger.\n- Hearing aids and similar assistive devices are **not** considered listening devices under this law.\n\n### 🏠 Entering someone's home without permission\n- It is illegal to enter a **dwelling house** (a home) without the consent of the occupier or owner.\n- Penalty: up to **1 year in prison** or a fine.\n- If you break in using **force, threats, deception, or fraud**, the penalty increases to **18 months in prison**.\n- Anyone found **lurking** in or around someone's home without a lawful excuse can also be prosecuted.\n- Citizens can **arrest without a warrant** anyone they catch committing this offence.\n\n### 🏢 Companies and their managers\n- If a **company** breaks this law, its **executive officers** (managers and directors) can personally be held criminally responsible too — if they authorised or were involved in the wrongdoing.\n\n### 🔍 Inspectors\n- Government-appointed **inspectors** can investigate compliance with the Act, enter relevant premises, and examine records — but they must show ID first and cannot force anyone to incriminate themselves.\n\n---\n\n## What happened to the rest of the Act?\n\nLarge sections of the original Act — including rules about **private inquiry agents** (private investigators) and **credit reporting agents** — have been **repealed** (removed) over time and replaced by other laws. What remains focuses almost entirely on listening devices and home entry."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.7(1)(a) and sec.7(2)","severity":"medium","reasoning":"The statutory duty to answer and sign a truth declaration sits in direct tension with the privilege against self-incrimination preserved in the same section. A person who exercises the right to refuse incriminating answers cannot simultaneously satisfy a duty to sign a declaration of truth of those (non-)answers. The subsections are not reconciled by any drafting mechanism.","confidence":0.82,"description":"Section 7(1)(a) requires a person to answer questions put by an inspector AND sign a declaration of the truth of their answers, but section 7(2) provides that nothing compels a person to answer any incriminating question. The inspector can thus require a person to sign a declaration of truthfulness regarding answers they are simultaneously entitled to refuse to give, creating an impossible compliance scenario: the declarant cannot truthfully declare the completeness of answers they are legally permitted to withhold."},{"type":"impossible_compliance","section":"sec.7(1)(b)","severity":"high","reasoning":"The operative definitions necessary to identify who is a 'licensee' and what constitutes their 'registered address' were repealed without any corresponding repeal or amendment of sec.7(1)(b). The power survives in text but cannot be exercised against any identifiable person or place.","confidence":0.93,"description":"Section 7(1)(b) empowers an inspector to enter 'premises at the registered address of any licensee' and inspect books and papers, but the definition of 'licence' and related terms including 'licensee' and 'registered address' were all omitted by 2002 No. 13 s 44. There is accordingly no class of persons who can qualify as 'licensees' and no 'registered address' that can be identified under the Act, rendering this power a nullity."},{"type":"circular_definition","section":"sec.43(2)(e) and sec.43(7) — 'government network radio' exemption","severity":"low","reasoning":"The statutory example for the exemption (officer not responding to normal radio contact) is precisely the scenario where the device cannot satisfy the mutual-communication element of its own definition. This creates a minor but genuine logical tension.","confidence":0.62,"description":"The exemption in sec.43(2)(e) for a government network radio 'activated by a communications centre operator' appears to protect the operator's act of activating the radio to listen in, yet the definition of 'government network radio' in sec.43(7) requires it to 'enable a communications centre operator for a public safety entity and an officer of the entity to communicate with each other.' If the officer does not respond to normal radio communication (the example given for subparagraph (iii)), the device cannot fulfil its definitional purpose of enabling mutual communication, calling into question whether a non-communicating radio still qualifies as a 'government network radio' within its own definition."},{"type":"self_contradicting","section":"sec.48A(1A) and sec.48A(2)(a)","severity":"medium","reasoning":"The drafting of the exclusion in sec.48A(2)(a) omits paragraph (a) (force) from the list of excluded means, so the lawful-authority defence is available to someone who enters by force but not to someone who enters by deceit. This is almost certainly a drafting error but produces an absurd result: coercive forced entry is more readily excused than a polite deception.","confidence":0.78,"description":"Section 48A(1A) makes it an offence to enter a dwelling house by force, threats, deceit, fraudulent device, or false representation 'whether or not the offender has the consent of the person in lawful occupation or the owner.' Section 48A(2)(a) provides a defence to offences under subsections (1) and (1A) where the person shows entry 'was authorised, justified or excused by law', but expressly excludes entries by any means referred to in subsec.(1A)(b),(c),(d) or (e) — that is, by threats, deceit, fraudulent device, or false representation — from the lawful-authority defence. Entry by force (subsec.(1A)(a)) is not excluded from the defence in subsec.(2)(a), meaning a person can lawfully force their way into a dwelling house if authorised by law, yet the heightened penalty applies. This is internally inconsistent: the aggravated offence is simultaneously excused and penalised for the same conduct."},{"type":"impossible_compliance","section":"sec.48A(3)","severity":"medium","reasoning":"The statutory architecture creates a gap: the emergency entry defence in subsec.(2)(b) attaches only to subsecs.(1) and (1A) offences, not to the 'found in' offence in subsec.(3). A person who validly enters under the emergency defence and remains inside while rendering assistance may nonetheless be caught by subsec.(3).","confidence":0.71,"description":"Section 48A(3) makes it an offence to be 'found in a dwelling house or the yard of a dwelling house' without lawful excuse, and places the burden of proof of lawful excuse on the accused. However, sec.48A(2)(b) provides that entry bona fide for the protection of a person inside or the preservation of the dwelling house is a defence to the entry offences in subsecs.(1) and (1A), but this defence is not expressly extended to the 'found in' offence in subsec.(3). A person who lawfully entered under the bona fide emergency defence of subsec.(2)(b) could therefore be guilty of the subsec.(3) offence of being found inside, unless they can separately prove a 'lawful excuse' — creating a trap for emergency rescuers."},{"type":"other","section":"sec.43(1) and sec.44(1) — penalty asymmetry with sec.46(4)","severity":"low","reasoning":"The penalty for defying a court's non-publication order (10 PU) is substantially lower than the penalty for the original interception offence (40 PU/2 years), meaning it may be cheaper and less serious to defy a court order than to commit the underlying offence. This is an internal policy absurdity rather than a strict logical contradiction.","confidence":0.75,"description":"Sections 43(1) and 44(1) create offences punishable by up to 40 penalty units or 2 years imprisonment (indictable misdemeanours per sec.49(2)). Section 46(4) creates an offence of contravening a non-publication order, with a maximum penalty of only 10 penalty units (summary). Yet publishing the actual content of an illegally obtained conversation in defiance of a specific court order attracts one-quarter of the penalty for the underlying illegal interception, creating a perverse incentive structure."},{"type":"circular_definition","section":"sec.4 — definition of 'approved form' cross-referencing sec.51B","severity":"low","reasoning":"The definition resolves to 'a form that is approved under a section that authorises approval of forms,' which is effectively tautological. It is a common legislative pattern but creates interpretive uncertainty where the Act imposes duties linked to approved forms.","confidence":0.55,"description":"The definition of 'approved form' in sec.4 points to sec.51B, which itself simply says the chief executive 'may' approve forms. The definition thus circularly defines 'approved form' by reference to a power that may or may not be exercised, meaning the term 'approved form' has no concrete referent unless and until the chief executive chooses to create one. Any provision requiring use of an 'approved form' is therefore contingently operative."}],"contradictions":[{"severity":"medium","section_a":"sec.43(1) — party-to-conversation exemption (sec.43(2)(a))","section_b":"sec.45(1) — prohibition on party publishing recorded conversation","confidence":0.85,"description":"Section 43(2)(a) exempts from the listening-device prohibition any person who 'is a party to the private conversation,' permitting a party to lawfully record their own conversation. Section 45(1) then makes it an offence for that same party to subsequently communicate or publish any record of that (lawfully made) recording. The Act thus expressly permits the creation of a record and then separately criminalises its communication, with only narrow defences. A party who records a conversation believing it in the public interest may be surprised to find the recording was legal but sharing it is not."},{"severity":"medium","section_a":"sec.7(1)(a) — inspector's power to require answers","section_b":"sec.7(2) — privilege against self-incrimination","confidence":0.8,"description":"Section 7(1)(a) requires persons to answer questions put by an inspector and to sign a declaration of truth of those answers. Section 7(2) provides that no person is compellable to answer any question incriminating or tending to incriminate themselves. These subsections directly contradict each other: the same Act creates a legal duty to answer and simultaneously negates the compellability of that duty for a large class of questions, without specifying how the conflict is to be resolved in practice (e.g., whether a refusal to answer non-incriminating questions remains an offence)."},{"severity":"low","section_a":"sec.43(2)(d) — police officer or other person authorised by Act","section_b":"sec.43(3) — restriction on persons referred to in sec.43(2)(c)","confidence":0.7,"description":"Section 43(3) imposes a secondary duty on persons referred to in sec.43(2)(c) (Commonwealth customs/security personnel) who are not a party to the conversation — they must not publish or communicate the substance of the conversation except in the performance of duty. Section 43(2)(d) exempts police officers and others acting under a legislative warrant from the primary offence but does not make them subject to sec.43(3)'s secondary duty (which only mentions sec.43(2)(c)). This creates an asymmetry where Commonwealth officials face an additional non-disclosure obligation that state-authorised police officers using listening devices do not, despite the underlying privacy interest being identical."},{"severity":"low","section_a":"sec.48A(1) — entry without consent is an offence","section_b":"sec.48A(1A) — entry with consent but by force/deceit is also an offence","confidence":0.65,"description":"Section 48A(1) makes unconsented entry an offence. Section 48A(1A) makes entry by force, deceit, etc. an offence 'whether or not' the offender has consent. This means that a person who has been given consent to enter can still commit the aggravated offence under subsec.(1A) if they use any of the listed methods. While arguably coherent as a policy matter, the phrase 'whether or not the offender has the consent' in subsec.(1A) combined with the absence of a consent-based defence for the aggravated form means that lawful consent is legally irrelevant to subsec.(1A) liability, creating an internal inconsistency with the consent-based structure of subsec.(1)."},{"severity":"medium","section_a":"sec.46(1) — evidence of unlawfully obtained conversation inadmissible","section_b":"sec.46(2)(c) — such evidence is admissible in proceedings for offences under Part 4","confidence":0.88,"description":"Section 46(1) establishes a broad rule that evidence of a private conversation obtained via an illegal listening device is inadmissible in any civil or criminal proceedings. Section 46(2)(c) carves out an exception making such evidence admissible in proceedings for offences against Part 4 of the Act itself. This means the prosecution of the very offence of illegally recording a conversation may be proved using the illegally obtained recording — the act that constitutes the crime simultaneously provides the admissible evidence of that crime. While judicially manageable, it is internally contradictory in principle."}]}},"importantCases":[],"_links":{"self":"/api/acts/invasion-of-privacy-act-1971","history":"/api/acts/invasion-of-privacy-act-1971/history","analysis":"/api/acts/invasion-of-privacy-act-1971/analysis","conflicts":"/api/acts/invasion-of-privacy-act-1971/conflicts","importantCases":"/api/acts/invasion-of-privacy-act-1971/important-cases","documents":"/api/acts/invasion-of-privacy-act-1971/documents"}}