sec.44Prohibition on communication or publication of private conversations unlawfully listened to

### sec.44 Prohibition on communication or publication of private conversations unlawfully listened to 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. 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. s 44 amd 1993 No. 83 s 86 ; 2013 No. 51 s 229 sch 1 (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. (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. - (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 - (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 - (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. - (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