What it does
The Invasion of Privacy Act 1971 (Qld) establishes a statutory framework to safeguard private conversations and physical privacy within dwelling houses. Its primary substantive operation is now concentrated in Part 4 and Part 4A following extensive repeal of the earlier licensing regime.
At its core, s 43(1) creates an indictable offence where a person uses a listening device to overhear, record, monitor or listen to a private conversation. The maximum penalty is 40 penalty units or two years' imprisonment. A "listening device" is defined in s 4 as any instrument capable of being used to overhear, record, monitor or listen to a private conversation simultaneously with its taking place. The definition of "private conversation" is central: it means words spoken in circumstances indicating a desire that they be heard only by the participants or by an additional person with consent, but excludes situations where a participant ought reasonably to expect the words may be overheard by someone without such consent.
Section 43(2) lists five principal exceptions. First, the prohibition does not apply where the user is a party to the conversation. Second, it does not catch the unintentional hearing of a private conversation via telephone. Third, it exempts certain Commonwealth officers acting under warrant or security legislation. Fourth, it exempts police officers or others acting under a statutory authorisation for listening-device use. Fifth, and most recently expanded, it exempts government network radios used by public safety entities (Queensland Ambulance Service, Queensland Police Service, Queensland Fire and Rescue, Rural Fire Service Queensland, Marine Rescue Queensland, SES units and MRQ units) in defined emergency or duress situations (s 43(2)(e) and the detailed definition of "public safety entity" inserted by 2024 amendments).