5Prohibition on use of listening devices

5 Prohibition on use of listening devices

(1)  A person shall not use, or cause or permit to be used, a listening device –

(a) to record or listen to a private conversation to which the person is not a party; or

(b) to record a private conversation to which the person is a party.

(2)  Subsection (1) does not apply to –

(a) the use of a listening device pursuant to a warrant granted under Part 4 ; or

(b) the use of a listening device pursuant to an authority granted by or under the Telecommunications (Interception) Act 1979 of the Commonwealth or any other law of the Commonwealth; or

(ba) [Section 5 Subsection (2) amended by No. 22 of 2006, Sched. 1, Applied:01 Jan 2009] the use of a surveillance device pursuant to an authority granted by or under the Police Powers (Surveillance Devices) Act 2006 or by or under a corresponding law as defined in section 3 of that Act; or

(bb) [Section 5 Subsection (2) amended by No. 18 of 2018, s. 5, Applied:05 Oct 2018] the use, in accordance with section 44A of the Police Powers (Surveillance Devices) Act 2006 , of a listening device consisting of a personal camera; or

(c) the use of a listening device to obtain evidence or information in connection with –

(i) an imminent threat of serious violence to persons or of substantial damage to property; or

(ii) a serious narcotics offence –

if the person using the listening device believes on reasonable grounds that it was necessary to use the device immediately to obtain that evidence or information; or

(d) the unintentional hearing of a private conversation by means of a listening device; or