11Possession of record of private conversation

11 Possession of record of private conversation

(1)  A person shall not possess a record of a private conversation knowing that it has been obtained –

(a) directly or indirectly, by the use of a listening device in contravention of section 5 ; or

(b) as the result of the unintentional hearing of a private conversation.

(2)  Subsection (1) does not apply where the record is in the possession of the person –

(a) in connection with proceedings for an offence against this Act; or

(b) with the consent, express or implied, of all of the principal parties to the private conversation; or

(c) as a consequence of a communication or publication of that record to that person in circumstances that do not constitute an offence against this Part.

(3)  [Section 11 Subsection (3) inserted by No. 18 of 2018, s. 8, Applied:05 Oct 2018] Subsection (1)(b) does not apply where the record is of information obtained by the use of a personal camera in accordance with section 44A of the Police Powers (Surveillance Devices) Act 2006 .