10Prohibition on communication or publication of records of private conversations by parties thereto

10 Prohibition on communication or publication of records of private conversations by parties thereto

(1)  A person who has been a party to a private conversation and has used, or caused to be used, a listening device to record the conversation (whether in contravention of section 5 or not), shall not subsequently communicate or publish to any other person any record of the conversation made, directly or indirectly, by the use of the device.

(2)  Subsection (1) does not apply where the communication or publication –

(a) is made to another party to the private conversation or with the consent, express or implied, of all of the principal parties to the conversation; or

(b) is made in the course of legal proceedings; or

(c) is not more than is reasonably necessary for the protection of the lawful interests of the person making the communication or publication; or

(d) is made to a person who has, or is, on reasonable grounds, by the person making the communication or publication, believed to have, such an interest in the private conversation as to make the communication or publication reasonable under the circumstances in which it is made; or

(e) is made by a person who used the listening device to record the private conversation pursuant to a warrant granted under Part 4 or pursuant to an authority granted by or under the Telecommunications (Interception) Act 1979 of the Commonwealth or any other law of the Commonwealth.

(3)  [Section 10 Subsection (3) inserted by No. 18 of 2018, s. 7, Applied:05 Oct 2018] Subsection (1) does not apply in relation to a communication, or publication, of a record obtained by the use by a police officer of a personal camera, that is a communication or publication to which section 33(3) or (4) of the Police Powers (Surveillance Devices) Act 2006 applies.