sec.43Prohibition on use of listening devices

### sec.43 Prohibition on use of listening devices 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. 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. 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. 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. 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. 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. 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. s 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 (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. (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. (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. (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. (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. (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. (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. - (a) where the person using the listening device is a party to the private conversation; or - (b) to the unintentional hearing of a private conversation by means of a telephone; or - (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 - (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 - (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 - (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. - (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. - (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 - (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. - (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 - (b) may be fitted to a vehicle or carried by a person. - (a) the Queensland Ambulance Service established under the Ambulance Service Act 1991 ; or - (b) the Queensland Police Service; or - (c) either of the following entities established under the Fire Services Act 1990 — (i) Queensland Fire and Rescue; (ii) Rural Fire Service Queensland; or - (i) Queensland Fire and Rescue; - (ii) Rural Fire Service Queensland; or - (d) either of the following entities established under the Marine Rescue Queensland Act 2024 — (i) Marine Rescue Queensland; (ii) an MRQ unit; or - (i) Marine Rescue Queensland; - (ii) an MRQ unit; or - (e) either of the following entities established under the State Emergency Service Act 2024 — (i) the State Emergency Service; (ii) an SES unit. - (i) the State Emergency Service; - (ii) an SES unit. - (i) Queensland Fire and Rescue; - (ii) Rural Fire Service Queensland; or - (i) Marine Rescue Queensland; - (ii) an MRQ unit; or - (i) the State Emergency Service; - (ii) an SES unit.