{"id":"a-1992-57","name":"Listening Devices Act 1992","slug":"listening-devices-act-1992","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"57 of 1992","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23892,"registerId":"act-a-1992-57-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Listening Devices Act 1992","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nListening Devices Act 1992\nA1992-57\nRepublication No 10\nEffective: 11 February 2022\nRepublication date: 11 February 2022\nLast amendment made by A2021-18\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Listening Devices Act 1992 (including any amendment made under\nthe Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 11 February 2022. It also\nincludes any commencement, amendment, repeal or expiry affecting this republished law to\n11 February 2022.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication does not include amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR10\n11/02/22\nListening Devices Act 1992\nEffective: 11/02/22\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nListening Devices Act 1992\nContents\nPage\nPart 1 Preliminary\n1 Name of Act 2\n2 Dictionary 2\n3 Notes 2\n3A Offences against Act—application of Criminal Code etc 2\n3B Application of Act to corrections management 3\n3C Application of Act to detention places 3\nPart 2 Offences\n4 Use of listening devices 5\n5 Communication and publication of records of private conversations by\nparties 6\n6 Communication and publication of unlawfully recorded private\nconversations 7\n7 Possession of records of unlawfully recorded private conversations 8\n\nContents\nPage\ncontents 2 Listening Devices Act 1992\nEffective: 11/02/22\nR10\n11/02/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n8 Manufacture, supply and possession of listening devices 8\nPart 3 Evidence\n9 Interpretation for pt 3 10\n10 Admissibility of evidence obtained using listening devices 10\n11 Acts and omissions of representatives 12\nPart 4 Enforcement\n12 Forfeiture of listening devices 14\nPart 5 Miscellaneous\n14 Exemptions 15\n15 Regulation-making power 15\nDictionary 16\nEndnotes\n1 About the endnotes 19\n2 Abbreviation key 19\n3 Legislation history 20\n4 Amendment history 22\n5 Earlier republications 24\n\nR10\n11/02/22\nListening Devices Act 1992\nEffective: 11/02/22\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nListening Devices Act 1992\nAn Act to regulate the use of listening devices for the purpose of listening to or\nrecording private conversations, and for related purposes\n\nPart 1 Preliminary\nSection 1\npage 2 Listening Devices Act 1992\nEffective: 11/02/22\nR10\n11/02/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of Act\nThis Act is the Listening Devices Act 1992.\n2 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere.\nFor example, the signpost definition ‘engage in conduct—see the\nCriminal Code, section 13.’ means that the term ‘engage in conduct’ is\ndefined in that section and the definition applies to this Act.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n3 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n3A Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\nPreliminary Part 1\nSection 3B\nR10\n11/02/22\nListening Devices Act 1992\nEffective: 11/02/22\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3B Application of Act to corrections management\n(1) This section applies in relation to an electronic communication, other\nthan a protected electronic communication, between a detainee in a\ncorrectional centre and someone else.\n(2) This Act does not apply to any of the following under the Corrections\nManagement Act 2007:\n(a) the listening to or recording of the communication;\n(b) the communication or publication of the communication.\n(3) In this section:\ndetainee—see the Corrections Management Act 2007, section 6.\nelectronic communication—see the Corrections Management Act\n2007, section 103 (Monitoring telephone calls etc).\nprotected electronic communication—see the Corrections\nManagement Act 2007, section 103 (Monitoring telephone calls etc).\n3C Application of Act to detention places\n(1) This section applies in relation to an electronic communication, other\nthan a protected electronic communication, between a young detainee\nin a detention place and someone else.\n(2) This Act does not apply to any of the following under the Children\nand Young People Act 2008:\n(a) the listening to or recording of the communication;\n(b) the communication or publication of the communication.\n\nPart 1 Preliminary\nSection 3C\npage 4 Listening Devices Act 1992\nEffective: 11/02/22\nR10\n11/02/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) In this section:\nelectronic communication—see the Children and Young People\nAct 2008, section 200 (Monitoring telephone calls etc).\nprotected electronic communication—see the Children and Young\nPeople Act 2008, section 200 (Monitoring telephone calls etc).\nyoung detainee—see the Children and Young People Act 2008,\nsection 95.\n\nOffences Part 2\nSection 4\nR10\n11/02/22\nListening Devices Act 1992\nEffective: 11/02/22\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Offences\n4 Use of listening devices\n(1) A person must not use a listening device with the intention of—\n(a) listening to or recording a private conversation to which the\nperson is not a party; or\n(b) recording a private conversation to which the person is a party.\nMaximum penalty: 50 penalty units.\n(2) Subsection (1) does not apply to—\n(a) the use of a listening device under an authority granted by or\nunder a law in force in the ACT; or\n(b) the unintentional hearing of a private conversation by means of\na listening device.\n(3) Subsection (1) (b) does not apply to the use of a listening device by,\nor on behalf of, a party to a private conversation if—\n(a) each principal party to the conversation consents to that use of\nthe listening device; or\n(b) a principal party to the conversation consents to the listening\ndevice being so used, and—\n(i) the recording of the conversation is considered by that\nprincipal party, on reasonable grounds, to be necessary for\nthe protection of that principal party’s lawful interests; or\n(ii) the recording is not made for the purpose of\ncommunicating or publishing the conversation, or a report\nof the conversation, to any person who is not a party to the\nconversation.\n\nPart 2 Offences\nSection 5\npage 6 Listening Devices Act 1992\nEffective: 11/02/22\nR10\n11/02/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) Subsection (3) (b) (i) does not apply so as to exempt a person from\nthe application of subsection (1) if the relevant listening device is\nused by or on behalf of the Territory.\n5 Communication and publication of records of private\nconversations by parties\n(1) A person who is party to a private conversation commits an offence\nif—\n(a) the person divulges or communicates a record of the\nconversation; and\n(b) the person knows that the record was made, directly or\nindirectly, using a listening device (whether or not in\ncontravention of section 4).\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n(2) Subsection (1) does not apply if the communication or publication—\n(a) is made to another party to the conversation; or\n(b) is made with the consent of each principal party to the\nconversation; or\n(c) is made in the course of civil or criminal proceedings; or\n(d) is considered by the party making it, on reasonable grounds, to\nbe necessary for the protection of that party’s lawful interests;\nor\n(e) is made to a person who is believed by the party on reasonable\ngrounds to have such an interest in the conversation as to make\nthe communication or publication reasonable in the\ncircumstances; or\n(f) is made under an authority granted by or under a law in force in\nthe ACT.\n\nOffences Part 2\nSection 6\nR10\n11/02/22\nListening Devices Act 1992\nEffective: 11/02/22\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) Subsection (2) (d) does not apply so as to exempt a person from the\napplication of subsection (1) if the relevant record of conversation is\nmade, directly or indirectly, by the use of a listening device by or on\nbehalf of the Territory.\n6 Communication and publication of unlawfully recorded\nprivate conversations\n(1) A person commits an offence if—\n(a) the person divulges or communicates a private conversation, or\na report of a private conversation; and\n(b) the person knows of the conversation, directly or indirectly,\nbecause of the use of a listening device—\n(i) in contravention of section 4; or\n(ii) in circumstances mentioned in section 4 (2) (b) or (3).\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n(2) Subsection (1) does not apply—\n(a) if the communication or publication is made—\n(i) to a party to the private conversation; or\n(ii) with the consent of each principal party to the\nconversation; or\n(iii) in the course of proceedings for an offence against this Act;\nor\n(iv) in the case of the use of a listening device in the\ncircumstances referred to in section 4 (3) (b) (i)—in the\ncourse of reasonable action taken to protect the lawful\ninterests of the principal party to the conversation who\nconsented to the use of the device; or\n\nPart 2 Offences\nSection 7\npage 8 Listening Devices Act 1992\nEffective: 11/02/22\nR10\n11/02/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) if the person referred to in subsection (1) also obtains knowledge\nof the private conversation or report in circumstances other than\nthose referred to in that subsection.\n(3) Subsection (2) (a) (iv) does not apply so as to exempt a person from\nthe application of subsection (1) if the relevant listening device is\nused by or on behalf of the Territory.\n7 Possession of records of unlawfully recorded private\nconversations\n(1) A person commits an offence if—\n(a) the person possesses a record of a private conversation; and\n(b) the person knows the record was obtained, directly or indirectly,\nusing a listening device in contravention of section 4.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n(2) Subsection (1) does not apply if the record is in the possession of the\nperson—\n(a) in connection with proceedings for an offence against this Act;\nor\n(b) with the consent of each principal party to the conversation; or\n(c) as a consequence of a communication or publication of the\nrecord to that person in circumstances that do not constitute an\noffence against this Act.\n8 Manufacture, supply and possession of listening devices\nA person commits an offence if—\n(a) the person—\n(i) manufactures a listening device; or\n(ii) supplies, sells or distributes a listening device; or\n\nOffences Part 2\nSection 8\nR10\n11/02/22\nListening Devices Act 1992\nEffective: 11/02/22\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(iii) offers to supply, sell or distribute a listening device; or\n(iv) possesses a listening device; and\n(b) the person knows the device is intended or mainly designed for\nuse in contravention of section 4.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n\nPart 3 Evidence\nSection 9\npage 10 Listening Devices Act 1992\nEffective: 11/02/22\nR10\n11/02/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Evidence\n9 Interpretation for pt 3\nIn this part, a reference to the giving of evidence of a private\nconversation includes a reference to the production of a record of the\nconversation.\n10 Admissibility of evidence obtained using listening\ndevices\n(1) If a private conversation, or a report of a private conversation, has\ncome to the knowledge of a person as a result (direct or indirect) of\nthe use of a listening device in contravention of section 4, or as a\nresult (direct or indirect) of the use of a listening device in\ncircumstances referred to in section 4 (2) (b) or 4 (3)—\n(a) evidence of the conversation; or\n(b) evidence obtained as a direct consequence of the conversation\nso coming to the knowledge of that person;\nmay not be given by that person in any civil or criminal proceedings.\n(2) Subsection (1) does not apply—\n(a) if each principal party to the conversation consents to the\nevidence being given; or\n(b) in proceedings for an offence against this Act; or\n(c) if the listening device was used in the circumstances referred to\nin section 4 (3) (b) (i)—so as to render any evidence\ninadmissible for the purpose of protecting the lawful interests of\nthe principal party to the conversation who consented to the use\nof the device; or\n(d) in proceedings for a defined offence if, subject to subsection (4),\na court considers that the evidence should be admitted; or\n\nEvidence Part 3\nSection 10\nR10\n11/02/22\nListening Devices Act 1992\nEffective: 11/02/22\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(e) if the person referred to in subsection (1) also obtains knowledge\nof the conversation or report in circumstances other than those\nreferred to in that subsection.\n(3) Subsection (2) (c) does not apply so as to render admissible evidence\nthat has been obtained, directly or indirectly, by the use of a listening\ndevice by or on behalf of the Territory.\n(4) In determining whether to admit evidence referred to in\nsubsection (1) in proceedings for a defined offence, the court shall—\n(a) be guided by the public interest, including (if relevant) the\npublic interest in—\n(i) upholding the law; and\n(ii) protecting people from illegal or unfair treatment; and\n(iii) punishing those guilty of offences; and\n(b) have regard to all relevant matters, including—\n(i) the seriousness of the offence in relation to which the\nevidence is sought to be admitted; and\n(ii) the nature of the relevant contravention of section 4, or of\nthe relevant circumstances referred to in\nsection 4 (2) (b) or 4 (3).\n(5) A court before which evidence referred to in subsection (1) is\nadmitted in proceedings for an offence against this Act, or\nproceedings for a defined offence, may, at any stage of the\nproceedings, and from time to time, make an order forbidding the\npublication of—\n(a) any such evidence; or\n(b) any report of any such evidence; or\n(c) any report of the substance, meaning or purport of any such\nevidence.\n\nPart 3 Evidence\nSection 11\npage 12 Listening Devices Act 1992\nEffective: 11/02/22\nR10\n11/02/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(6) A person must not engage in conduct that contravenes an order under\nsubsection (5).\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n11 Acts and omissions of representatives\n(1) In this section:\nperson means an individual.\nNote See the Criminal Code, pt 2.5 for provisions about corporate criminal\nresponsibility.\nrepresentative, of a person, means an employee or agent of the\nperson.\nstate of mind, of a person, includes—\n(a) the person’s knowledge, intention, opinion, belief or purpose;\nand\n(b) the person’s reasons for the intention, opinion, belief or purpose.\n(2) This section applies to a prosecution for any offence against this Act.\n(3) If it is relevant to prove a person’s state of mind about an act or\nomission, it is enough to show—\n(a) the act was done or omission made by a representative of the\nperson within the scope of the representative’s actual or\napparent authority; and\n(b) the representative had the state of mind.\n(4) An act done or omitted to be done on behalf of a person by a\nrepresentative of the person within the scope of the representative’s\nactual or apparent authority is also taken to have been done or omitted\nto be done by the person.\n\nEvidence Part 3\nSection 11\nR10\n11/02/22\nListening Devices Act 1992\nEffective: 11/02/22\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(5) However, subsection (4) does not apply if the person establishes that\nreasonable precautions were taken and appropriate diligence was\nexercised to avoid the act or omission.\n(6) A person who is convicted of an offence cannot be punished by\nimprisonment for the offence if the person would not have been\nconvicted of the offence without subsection (3) or (4).\n\nPart 4 Enforcement\nSection 12\npage 14 Listening Devices Act 1992\nEffective: 11/02/22\nR10\n11/02/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Enforcement\n12 Forfeiture of listening devices\n(1) If a court has convicted a person of an offence against this Act, it may,\nin addition to any penalty it may impose, order—\n(a) that any listening device used in connection with the offence be\nforfeited to the Territory or destroyed; and\n(b) that any record of a private conversation—\n(i) to which the offence relates; or\n(ii) that was obtained, directly or indirectly, by the use of a\nlistening device in connection with the offence;\nbe forfeited to the Territory or destroyed.\n(2) Before making an order under subsection (1), the court may require\nnotice to be given to, and may hear, the persons that the court thinks\nfit.\n(3) Without affecting any other right of appeal, an order under\nsubsection (1) is appellable in the same manner as if it were, or were\npart of, a sentence imposed in respect of the offence.\n(4) If an order is made under subsection (1) in relation to a listening\ndevice or record, a police officer may seize the device or record for\nthe purpose of giving effect to the order.\n\nMiscellaneous Part 5\nSection 14\nR10\n11/02/22\nListening Devices Act 1992\nEffective: 11/02/22\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 5 Miscellaneous\n14 Exemptions\n(1) The regulations may exempt a person from the operation of this Act,\nor specified provisions of this Act, subject to the conditions that are\nprescribed by the regulations.\n(2) Subject to any disallowance under the Legislation Act 2001, chapter\n7 (Presentation, amendment and disallowance of subordinate laws\nand disallowable instruments), a regulation providing for an\nexemption commences—\n(a) on the day after the 6th sitting day after the day it is presented to\nthe Legislative Assembly under that chapter; or\n(b) if the regulations provide for a later date or time of\ncommencement—on that date or at that time.\n15 Regulation-making power\n(1) The Executive may make regulations for this Act.\nNote Regulations must be notified, and presented to the Legislative Assembly,\nunder the Legislation Act 2001.\n(2) The regulations may prescribe offences for contraventions of the\nregulations and prescribe maximum penalties of not more than\n10 penalty units for offences against the regulations.\n\nDictionary\npage 16 Listening Devices Act 1992\nEffective: 11/02/22\nR10\n11/02/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 2)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• contravene\n• disallowable instrument (see s 9)\n• Executive\n• individual\n• penalty unit (see s 133)\n• person\n• the Territory.\nconsent includes implied consent.\ndefined offence means—\n(a) an offence against a Territory law (other than the common law)\npunishable by life imprisonment or for 10 years or more; or\n(b) an offence against any of the following provisions of the\nCriminal Code:\n(i) section 603 (8) (which is about trafficking in cannabis);\n(ii) section 610 (5) (Selling controlled precursor for\nmanufacture of controlled drug);\n(iii) section 611 (9) or (10) (Manufacturing controlled\nprecursor for manufacture of controlled drug);\n(iv) section 613 (Supplying substance, equipment or\ninstructions for manufacturing controlled drug);\n(v) section 620 (Supplying plant material, equipment or\ninstructions for cultivating controlled plant);\n(vi) section 625 (4) (Supplying controlled drug to child);\n\nDictionary\nR10\n11/02/22\nListening Devices Act 1992\nEffective: 11/02/22\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(vii) section 640 (Receiving property directly derived from drug\noffence); or\n(c) an offence against the Medicines, Poisons and Therapeutic\nGoods Act 2008, section 26 (Supplying declared substances) in\nrelation to a controlled medicine, or prohibited substance, within\nthe meaning of that Act.\nengage in conduct—see the Criminal Code, section 13.\nevidence—giving of evidence of a private conversation, for part 3\n(Evidence)—see section 9.\nhearing aid means a device used by a person with impaired hearing\nto overcome the impairment and to permit the person to hear sounds\nordinarily audible to the human ear, but no other sounds.\nlisten to includes hear.\nlistening device means any instrument, apparatus, equipment or\ndevice capable of being used to listen to or to record a private\nconversation, but does not include a hearing aid.\nparty, in relation to a private conversation, means—\n(a) a person who speaks, or is spoken to, in the course of the\nconversation; or\n(b) a person who, with the consent of any of the persons who speaks\nor is spoken to in the course of the conversation, listens to or\nrecords the conversation.\nprincipal party, in relation to a private conversation, means a person\nwho speaks, or is spoken to, in the course of the conversation.\nprivate conversation means a conversation between persons in\ncircumstances that may reasonably be taken to indicate that any of the\nprincipal parties desires the conversation to be listened to only—\n(a) by themselves; or\n(b) by themselves and by some other person with the consent of\neach principal party to the conversation.\n\nDictionary\npage 18 Listening Devices Act 1992\nEffective: 11/02/22\nR10\n11/02/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nrecord, in relation to a private conversation, includes a statement\nprepared from such a record.\nreport, in relation to a private conversation, includes a report of the\nsubstance, meaning or purport of the conversation.\n\nEndnotes\nAbout the endnotes 1\nR10\n11/02/22\nListening Devices Act 1992\nEffective: 11/02/22\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\n3 Legislation history\npage 20 Listening Devices Act 1992\nEffective: 11/02/22\nR10\n11/02/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nAfter 11 May 1989 and before 10 November 1999, Acts commenced on their\nnotification day unless otherwise stated (see Australian Capital Territory (Self-\nGovernment) Act 1988 (Cwlth) s 25).\nListening Devices Act 1992 A1992-57\nnotified 25 September 1992 (Gaz 1992 No S162)\ncommenced 25 September 1992\nas amended by\nActs Revision (Position of Crown) Act 1993 A1993-44 sch 2\nnotified 27 August 1993 (Gaz 1993 No S165)\ncommenced 27 August 1993 (s 2)\nStatute Law Revision (Penalties) Act 1994 A1994-81 sch\nnotified 29 November 1994 (Gaz 1994 No S253)\ns 1, s 2 commenced 29 November 1994 (s 2 (1))\nsch commenced 29 November 1994 (s 2 (2) and Gaz 1994 No S269)\nStatute Law Revision (Penalties) Act 1998 A1998-54 sch\nnotified 27 November 1998 (Gaz 1998 No S207)\ns 1, s 2 commenced 27 November 1998 (s 2 (1))\nsch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49)\nStatute Law Amendment Act 2000 A2000-80 amdt 3.15\nnotified 21 December 2000 (Gaz 2000 No S69)\ncommenced 21 December 2000 (s 2)\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 226\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 226 commenced 12 September 2001 (s 2 and see Gaz 2001\nNo S65)\nCriminal Code (Theft, Fraud, Bribery and Related Offences)\nAmendment Act 2004 A2004-14 sch 1 pt 1.30\nnotified LR 26 March 2004\ns 1, s 2 commenced 26 March 2004 (LA s 75 (1))\nsch 1 pt 1.30 commenced 9 April 2004 (s 2 (1))\n\nEndnotes\nLegislation history 3\nR10\n11/02/22\nListening Devices Act 1992\nEffective: 11/02/22\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nCriminal Code (Serious Drug Offences) Amendment Act 2004\nA2004-56 sch 1 pt 1.4\nnotified LR 6 September 2004\ns 1, s 2 commenced 6 September 2004 (LA s 75 (1))\nsch 1 pt 1.4 commenced 6 March 2005 (s 2 and LA s 79)\nCriminal Code Harmonisation Act 2005 A2005-54 sch 1 pt 1.29\nnotified LR 27 October 2005\ns 1, s 2 commenced 27 October 2005 (LA s 75 (1))\nsch 1 pt 1.29 commenced 24 November 2005 (s 2)\nStatute Law Amendment Act 2007 A2007-3 sch 3 pt 3.62\nnotified LR 22 March 2007\ns 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))\nsch 3 pt 3.62 commenced 12 April 2007 (s 2 (1))\nCorrections Management Act 2007 A2007-15 sch 1 pt 1.5\nnotified LR 18 June 2007\ns 1, s 2 commenced 18 June 2007 (LA s 75 (1))\nsch 1 pt 1.5 commenced 18 December 2007 (s 2 and LA s 79)\nChildren and Young People (Consequential Amendments) Act 2008\nA2008-20 sch 2 pt 2.12\nnotified LR 17 July 2008\ns 1, s 2 commenced 17 July 2008 (LA s 75 (1))\ns 3 commenced 18 July 2008 (s 2 (1))\nsch 2 pt 2.12 commenced 9 September 2008 (s 2 (3) and see Children\nand Young People Act 2008 A2008-19, s 2 and CN2008-13)\nMedicines, Poisons and Therapeutic Goods Act 2008 A2008-26\nsch 2 pt 2.18\nnotified LR 14 August 2008\ns 1, s 2 commenced 14 August 2008 (LA s 75 (1))\nsch 2 pt 2.18 commenced 14 February 2009 (s 2 and LA s 79)\nCrimes Legislation Amendment Act 2021 (No 2) A2021-18 pt 6\nnotified LR 11 August 2021\ns 1, s 2 commenced 11 August 2021 (LA s 75 (1))\npt 6 commenced 11 February 2022 (s 2 (2) and LA s 79)\n\nEndnotes\n4 Amendment history\npage 22 Listening Devices Act 1992\nEffective: 11/02/22\nR10\n11/02/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nName of Act\ns 1 sub A2007-3 amdt 3.345\nDictionary\ns 2 am A2001-44 amdt 1.2669\ndefs reloc to dict A2007-3 amdt 3.347\nsub A2007-3 amdt 3.348\ndef engage in conduct ins A2005-54 amdt 1.208\nom A2007-3 amdt 3.346\ndef this Act om A2001-44 amdt 1.2668\nNotes\ns 3 om A1993-44 sch 2\nins A2005-54 amdt 1.209\nOffences against Act—application of Criminal Code etc\ns 3A ins A2005-54 amdt 1.209\nApplication of Act to corrections management\ns 3B ins A2007-15 amdt 1.26\nApplication of Act to detention places\ns 3C ins A2008-20 amdt 2.23\nUse of listening devices\ns 4 am A1994-81 sch; A2005-54 amdt 1.210; A2021-18 s 15\nCommunication and publication of records of private conversations by\nparties\ns 5 am A1994-81 sch; A2005-54 amdt 1.211; A2021-18 s 15\nCommunication and publication of unlawfully recorded private\nconversations\ns 6 am A1994-81 sch; A2005-54 amdt 1.212\nPossession of records of unlawfully recorded private conversations\ns 7 am A1994-81 sch; A2005-54 amdt 1.213\nManufacture, supply and possession of listening devices\ns 8 am A1994-81 sch\nsub A2005-54 amdt 1.214\nAdmissibility of evidence obtained using listening devices\ns 10 am A1994-81 sch; A2005-54 amdt 1.215\nActs and omissions of representatives\ns 11 sub A2004-15 amdt 1.34\nCorporations—penalties\ns 13 om A1998-54 sch\n\nEndnotes\nAmendment history 4\nR10\n11/02/22\nListening Devices Act 1992\nEffective: 11/02/22\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nExemptions\ns 14 am A2001-44 amdt 1.2670\nRegulation-making power\ns 15 am A1998-54 sch\nsub A2001-44 amdt 1.2671\nDictionary\ndict ins A2007-3 amdt 3.349\nam A2021-18 s 16\ndef consent reloc from s 2 A2007-3 amdt 3.347\ndef defined offence am A2000-80 amdt 3.15; A2004-56\namdt 1.49\nreloc from s 2 A2007-3 amdt 3.347\nam A2008-26 amdt 2.124\ndef engage in conduct ins A2007-3 amdt 3.349\ndef evidence ins A2007-3 amdt 3.349\ndef hearing aid reloc from s 2 A2007-3 amdt 3.347\ndef listen to reloc from s 2 A2007-3 amdt 3.347\ndef listening device reloc from s 2 A2007-3 amdt 3.347\ndef party reloc from s 2 A2007-3 amdt 3.347\ndef principal party reloc from s 2 A2007-3 amdt 3.347\ndef private conversation reloc from s 2 A2007-3 amdt 3.347\ndef record reloc from s 2 A2007-3 amdt 3.347\ndef report reloc from s 2 A2007-3 amdt 3.347\n\nEndnotes\n5 Earlier republications\npage 24 Listening Devices Act 1992\nEffective: 11/02/22\nR10\n11/02/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication No Amendments to Republication date\n1 A1994-81 28 February 1995\n2 A2001-44 26 March 2002\n3 A2004-15 9 April 2004\n4 A2004-56 6 March 2005\n5 A2005-54 24 November 2005\n6 A2007-3 12 April 2007\n7 A2007-15 18 December 2007\n8 A2008-26 9 September 2008\n9 A2008-26 14 February 2009\n© Australian Capital Territory 2022","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 1992 Act was a straightforward privacy law regulating listening devices. Over 30 years, it has expanded significantly beyond this core purpose: (1) 2007 amendments carved out prison monitoring powers under the Corrections Management Act; (2) 2008 amendments added youth detention monitoring; (3) 2004-2005 amendments integrated with the Criminal Code and added corporate liability; (4) 2021 amendments refined the 'lawful interests' exception. The Act now functions as a complex intersection of privacy law, criminal procedure (evidence admissibility), and corrections management, rather than a simple prohibition on bugging devices."},"complexity_factors":["Multiple nested exceptions in the main offence provisions (s 4, 5, 6) creating conditional logic up to 3 levels deep","Cross-references to external legislation including the Criminal Code, Corrections Management Act 2007, and Children and Young People Act 2008","15 defined terms in the Dictionary including technical distinctions between 'party', 'principal party', and 'private conversation'","Specific carve-outs for Territory agencies (sections 4(4), 5(3), 6(3), 10(3)) that override general exemptions","Evidence admissibility rules (s 10) with multiple discretionary factors for courts to consider","Representative liability provisions (s 11) importing corporate criminal responsibility concepts from the Criminal Code"],"plain_english_summary":"**What this law does:**\n\nThis Act makes it illegal in the ACT to secretly record or listen to private conversations using listening devices (like hidden microphones or bugs). It also criminalises sharing, publishing, or possessing recordings made illegally.\n\n**Who it affects:**\n\n*   **Everyone in the ACT** – ordinary people, journalists, businesses, and government agencies.\n*   **Prisoners and youth detainees** – special rules apply; prison and detention centre authorities can monitor their calls (except \"protected\" calls with lawyers, etc.) without breaking this law.\n\n**Key rules:**\n\n*   **No secret recording:** You generally cannot record a private conversation unless everyone involved agrees, or you're protecting your own lawful interests (like gathering evidence of a crime against you).\n*   **No sharing illegal recordings:** Even if you didn't make the recording, you can't share it if you know it was obtained illegally.\n*   **No selling spy gear:** It's illegal to make, sell, or possess devices mainly designed for secret recording.\n*   **Evidence rules:** Recordings made illegally usually can't be used as evidence in court, except in serious criminal cases (like murder or major drug offences) where a judge decides the public interest outweighs the privacy breach.\n\n**Why it matters:**\n\nThis law protects people's privacy in their personal conversations while balancing legitimate needs – like allowing someone to record evidence of blackmail or harassment, or letting police use recordings in serious criminal investigations. It stops the spread of \"spyware\" culture and ensures illegally obtained private chats can't easily be weaponised in court."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act’s scope has been modified since its original enactment by additions and amendments that change where and how it applies. Notably, sections excluding certain monitored electronic communications in correctional centres and detention places were added (see sections 3B and 3C), the Criminal Code’s general principles were made explicitly applicable to offences under the Act (see section 3A), and the Dictionary and offence and evidence provisions have been updated over time (see the amendment history summarized in the Endnotes and the relocation/amendment notes in the Dictionary). These changes expanded statutory cross-references, added institutional exceptions, and refined evidentiary and liability rules, altering the Act’s operational scope from its original text."},"complexity_factors":["Multiple, specific criminal offences with differing elements and penalties (use, communication, possession, manufacture/supply) — see sections 4–8.","Interplay with the Criminal Code for general criminal responsibility principles and with other ACT Acts that wholly exclude certain detainee communications (see sections 3A, 3B, 3C).","Evidence-admissibility regime that generally excludes unlawfully obtained recordings but creates statutory exceptions and judicial discretion for defined serious offences — see section 10(1)–(4).","Regulatory discretion to create exemptions and minor offences, subject to parliamentary presentation and disallowance procedures — see sections 14–15 and notes about disallowance.","Different legal consequences for private parties and the Territory (explicit non-application/exemption clauses for certain Territory uses) — see sections 4(4), 5(3), 6(3), 10(3).","Corporate attribution and defence rules that require proof of reasonable precautions to avoid liability, affecting organisational compliance strategies — see section 11.","Definitions and threshold tests (eg, what counts as a ‘private conversation’, ‘listening device’, and the knowledge requirement for device suppliers) are central and require factual assessment in prosecutions — see the Dictionary and section 8."],"plain_english_summary":"The Listening Devices Act 1992 makes it a crime to use, record, publish or possess recordings of a “private conversation” without lawful basis, and to market or supply devices intended mainly for unlawful use. It imposes penalties (including possible imprisonment) and allows courts to order forfeiture or destruction. Unlawfully obtained recordings are generally inadmissible in court, though judges may admit them in defined serious cases. The law affects individuals, businesses and device suppliers, and allows the Executive to make targeted exemptions and minor offences."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/listening-devices-act-1992","history":"/api/acts/listening-devices-act-1992/history","analysis":"/api/acts/listening-devices-act-1992/analysis","conflicts":"/api/acts/listening-devices-act-1992/conflicts","importantCases":"/api/acts/listening-devices-act-1992/important-cases","documents":"/api/acts/listening-devices-act-1992/documents"}}