sec.46Inadmissibility of evidence of private conversations when unlawfully obtained

### sec.46 Inadmissibility of evidence of private conversations when unlawfully obtained 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. 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. 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. 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. s 46 amd 1993 No. 83 s 88 ; 2010 No. 42 s 214 sch ; 2013 No. 51 s 229 sch 1 (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. (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. (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. (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. - (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 - (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 - (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.