Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Listening Devices Act 1992
A1992-57
Republication No 10
Effective: 11 February 2022
Republication date: 11 February 2022
Last amendment made by A2021-18
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
About this republication
The republished law
This is a republication of the Listening Devices Act 1992 (including any amendment made under
the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 11 February 2022. It also
includes any commencement, amendment, repeal or expiry affecting this republished law to
11 February 2022.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT
legislation register at www.legislation.act.gov.au):
• authorised republications to which the Legislation Act 2001 applies
• unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made by
an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The
changes are made if the Parliamentary Counsel considers they are desirable to bring the law into
line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately
before the provision heading. Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For more
information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the
symbol M appears immediately before the provision heading. The text of the modifying
provision appears in the endnotes. For the legal status of modifications, see the Legislation
Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an
individual and $810 for a corporation (see Legislation Act 2001, s 133).
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contents 1
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Listening Devices Act 1992
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Dictionary 2
3 Notes 2
3A Offences against Act—application of Criminal Code etc 2
3B Application of Act to corrections management 3
3C Application of Act to detention places 3
Part 2 Offences
4 Use of listening devices 5
5 Communication and publication of records of private conversations by
parties 6
6 Communication and publication of unlawfully recorded private
conversations 7
7 Possession of records of unlawfully recorded private conversations 8
Contents
Page
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8 Manufacture, supply and possession of listening devices 8
Part 3 Evidence
9 Interpretation for pt 3 10
10 Admissibility of evidence obtained using listening devices 10
11 Acts and omissions of representatives 12
Part 4 Enforcement
12 Forfeiture of listening devices 14
Part 5 Miscellaneous
14 Exemptions 15
15 Regulation-making power 15
Dictionary 16
Endnotes
1 About the endnotes 19
2 Abbreviation key 19
3 Legislation history 20
4 Amendment history 22
5 Earlier republications 24
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Australian Capital Territory
Listening Devices Act 1992
An Act to regulate the use of listening devices for the purpose of listening to or
recording private conversations, and for related purposes
Part 1 Preliminary
Section 1
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Part 1 Preliminary
1 Name of Act
This Act is the Listening Devices Act 1992.
2 Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms used in this
Act, and includes references (signpost definitions) to other terms defined
elsewhere.
For example, the signpost definition ‘engage in conduct—see the
Criminal Code, section 13.’ means that the term ‘engage in conduct’ is
defined in that section and the definition applies to this Act.
Note 2 A definition in the dictionary (including a signpost definition) applies to
the entire Act unless the definition, or another provision of the Act,
provides otherwise or the contrary intention otherwise appears (see
Legislation Act, s 155 and s 156 (1)).
3 Notes
A note included in this Act is explanatory and is not part of this Act.
Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
3A Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1 Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see
Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility
(including burdens of proof and general defences), and defines terms used
for offences to which the Code applies (eg conduct, intention,
recklessness and strict liability).
Note 2 Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties
that are expressed in penalty units.
Preliminary Part 1
Section 3B
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3B Application of Act to corrections management
(1) This section applies in relation to an electronic communication, other
than a protected electronic communication, between a detainee in a
correctional centre and someone else.
(2) This Act does not apply to any of the following under the Corrections
Management Act 2007:
(a) the listening to or recording of the communication;
(b) the communication or publication of the communication.
(3) In this section:
detainee—see the Corrections Management Act 2007, section 6.
electronic communication—see the Corrections Management Act
2007, section 103 (Monitoring telephone calls etc).
protected electronic communication—see the Corrections
Management Act 2007, section 103 (Monitoring telephone calls etc).
3C Application of Act to detention places
(1) This section applies in relation to an electronic communication, other
than a protected electronic communication, between a young detainee
in a detention place and someone else.
(2) This Act does not apply to any of the following under the Children
and Young People Act 2008:
(a) the listening to or recording of the communication;
(b) the communication or publication of the communication.
Part 1 Preliminary
Section 3C
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(3) In this section:
electronic communication—see the Children and Young People
Act 2008, section 200 (Monitoring telephone calls etc).
protected electronic communication—see the Children and Young
People Act 2008, section 200 (Monitoring telephone calls etc).
young detainee—see the Children and Young People Act 2008,
section 95.
Offences Part 2
Section 4
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Part 2 Offences
4 Use of listening devices
(1) A person must not use a listening device with the intention of—
(a) listening to or recording a private conversation to which the
person is not a party; or
(b) recording a private conversation to which the person is a party.
Maximum penalty: 50 penalty units.
(2) Subsection (1) does not apply to—
(a) the use of a listening device under an authority granted by or
under a law in force in the ACT; or
(b) the unintentional hearing of a private conversation by means of
a listening device.
(3) Subsection (1) (b) does not apply to the use of a listening device by,
or on behalf of, a party to a private conversation if—
(a) each principal party to the conversation consents to that use of
the listening device; or
(b) a principal party to the conversation consents to the listening
device being so used, and—
(i) the recording of the conversation is considered by that
principal party, on reasonable grounds, to be necessary for
the protection of that principal party’s lawful interests; or
(ii) the recording is not made for the purpose of
communicating or publishing the conversation, or a report
of the conversation, to any person who is not a party to the
conversation.
Part 2 Offences
Section 5
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(4) Subsection (3) (b) (i) does not apply so as to exempt a person from
the application of subsection (1) if the relevant listening device is
used by or on behalf of the Territory.
5 Communication and publication of records of private
conversations by parties
(1) A person who is party to a private conversation commits an offence
if—
(a) the person divulges or communicates a record of the
conversation; and
(b) the person knows that the record was made, directly or
indirectly, using a listening device (whether or not in
contravention of section 4).
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(2) Subsection (1) does not apply if the communication or publication—
(a) is made to another party to the conversation; or
(b) is made with the consent of each principal party to the
conversation; or
(c) is made in the course of civil or criminal proceedings; or
(d) is considered by the party making it, on reasonable grounds, to
be necessary for the protection of that party’s lawful interests;
or
(e) is made to a person who is believed by the party on reasonable
grounds to have such an interest in the conversation as to make
the communication or publication reasonable in the
circumstances; or
(f) is made under an authority granted by or under a law in force in
the ACT.
Offences Part 2
Section 6
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(3) Subsection (2) (d) does not apply so as to exempt a person from the
application of subsection (1) if the relevant record of conversation is
made, directly or indirectly, by the use of a listening device by or on
behalf of the Territory.
6 Communication and publication of unlawfully recorded
private conversations
(1) A person commits an offence if—
(a) the person divulges or communicates a private conversation, or
a report of a private conversation; and
(b) the person knows of the conversation, directly or indirectly,
because of the use of a listening device—
(i) in contravention of section 4; or
(ii) in circumstances mentioned in section 4 (2) (b) or (3).
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(2) Subsection (1) does not apply—
(a) if the communication or publication is made—
(i) to a party to the private conversation; or
(ii) with the consent of each principal party to the
conversation; or
(iii) in the course of proceedings for an offence against this Act;
or
(iv) in the case of the use of a listening device in the
circumstances referred to in section 4 (3) (b) (i)—in the
course of reasonable action taken to protect the lawful
interests of the principal party to the conversation who
consented to the use of the device; or
Part 2 Offences
Section 7
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(b) if the person referred to in subsection (1) also obtains knowledge
of the private conversation or report in circumstances other than
those referred to in that subsection.
(3) Subsection (2) (a) (iv) does not apply so as to exempt a person from
the application of subsection (1) if the relevant listening device is
used by or on behalf of the Territory.
7 Possession of records of unlawfully recorded private
conversations
(1) A person commits an offence if—
(a) the person possesses a record of a private conversation; and
(b) the person knows the record was obtained, directly or indirectly,
using a listening device in contravention of section 4.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(2) Subsection (1) does not apply if 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 of each principal party to the conversation; or
(c) as a consequence of a communication or publication of the
record to that person in circumstances that do not constitute an
offence against this Act.
8 Manufacture, supply and possession of listening devices
A person commits an offence if—
(a) the person—
(i) manufactures a listening device; or
(ii) supplies, sells or distributes a listening device; or
Offences Part 2
Section 8
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(iii) offers to supply, sell or distribute a listening device; or
(iv) possesses a listening device; and
(b) the person knows the device is intended or mainly designed for
use in contravention of section 4.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
Part 3 Evidence
Section 9
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Part 3 Evidence
9 Interpretation for pt 3
In this part, a reference to the giving of evidence of a private
conversation includes a reference to the production of a record of the
conversation.
10 Admissibility of evidence obtained using listening
devices
(1) If a private conversation, or a report of a private conversation, has
come to the knowledge of a person as a result (direct or indirect) of
the use of a listening device in contravention of section 4, or as a
result (direct or indirect) of the use of a listening device in
circumstances referred to in section 4 (2) (b) or 4 (3)—
(a) evidence of the conversation; or
(b) evidence obtained as a direct consequence of the conversation
so coming to the knowledge of that person;
may not be given by that person in any civil or criminal proceedings.
(2) Subsection (1) does not apply—
(a) if each principal party to the conversation consents to the
evidence being given; or
(b) in proceedings for an offence against this Act; or
(c) if the listening device was used in the circumstances referred to
in section 4 (3) (b) (i)—so as to render any evidence
inadmissible for the purpose of protecting the lawful interests of
the principal party to the conversation who consented to the use
of the device; or
(d) in proceedings for a defined offence if, subject to subsection (4),
a court considers that the evidence should be admitted; or
Evidence Part 3
Section 10
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(e) if the person referred to in subsection (1) also obtains knowledge
of the conversation or report in circumstances other than those
referred to in that subsection.
(3) Subsection (2) (c) does not apply so as to render admissible evidence
that has been obtained, directly or indirectly, by the use of a listening
device by or on behalf of the Territory.
(4) In determining whether to admit evidence referred to in
subsection (1) in proceedings for a defined offence, the court shall—
(a) be guided by the public interest, including (if relevant) the
public interest in—
(i) upholding the law; and
(ii) protecting people from illegal or unfair treatment; and
(iii) punishing those guilty of offences; and
(b) have regard to all relevant matters, including—
(i) the seriousness of the offence in relation to which the
evidence is sought to be admitted; and
(ii) the nature of the relevant contravention of section 4, or of
the relevant circumstances referred to in
section 4 (2) (b) or 4 (3).
(5) A court before which evidence referred to in subsection (1) is
admitted in proceedings for an offence against this Act, or
proceedings for a defined offence, may, at any stage of the
proceedings, and from time to time, make an order forbidding the
publication of—
(a) any such evidence; or
(b) any report of any such evidence; or
(c) any report of the substance, meaning or purport of any such
evidence.
Part 3 Evidence
Section 11
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(6) A person must not engage in conduct that contravenes an order under
subsection (5).
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
11 Acts and omissions of representatives
(1) In this section:
person means an individual.
Note See the Criminal Code, pt 2.5 for provisions about corporate criminal
responsibility.
representative, of a person, means an employee or agent of the
person.
state of mind, of a person, includes—
(a) the person’s knowledge, intention, opinion, belief or purpose;
and
(b) the person’s reasons for the intention, opinion, belief or purpose.
(2) This section applies to a prosecution for any offence against this Act.
(3) If it is relevant to prove a person’s state of mind about an act or
omission, it is enough to show—
(a) the act was done or omission made by a representative of the
person within the scope of the representative’s actual or
apparent authority; and
(b) the representative had the state of mind.
(4) An act done or omitted to be done on behalf of a person by a
representative of the person within the scope of the representative’s
actual or apparent authority is also taken to have been done or omitted
to be done by the person.
Evidence Part 3
Section 11
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(5) However, subsection (4) does not apply if the person establishes that
reasonable precautions were taken and appropriate diligence was
exercised to avoid the act or omission.
(6) A person who is convicted of an offence cannot be punished by
imprisonment for the offence if the person would not have been
convicted of the offence without subsection (3) or (4).
Part 4 Enforcement
Section 12
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Part 4 Enforcement
12 Forfeiture of listening devices
(1) If a court has convicted a person of an offence against this Act, it may,
in addition to any penalty it may impose, order—
(a) that any listening device used in connection with the offence be
forfeited to the Territory or destroyed; and
(b) that any record of a private conversation—
(i) to which the offence relates; or
(ii) that was obtained, directly or indirectly, by the use of a
listening device in connection with the offence;
be forfeited to the Territory or destroyed.
(2) Before making an order under subsection (1), the court may require
notice to be given to, and may hear, the persons that the court thinks
fit.
(3) Without affecting any other right of appeal, an order under
subsection (1) is appellable in the same manner as if it were, or were
part of, a sentence imposed in respect of the offence.
(4) If an order is made under subsection (1) in relation to a listening
device or record, a police officer may seize the device or record for
the purpose of giving effect to the order.
Miscellaneous Part 5
Section 14
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Part 5 Miscellaneous
14 Exemptions
(1) The regulations may exempt a person from the operation of this Act,
or specified provisions of this Act, subject to the conditions that are
prescribed by the regulations.
(2) Subject to any disallowance under the Legislation Act 2001, chapter
7 (Presentation, amendment and disallowance of subordinate laws
and disallowable instruments), a regulation providing for an
exemption commences—
(a) on the day after the 6th sitting day after the day it is presented to
the Legislative Assembly under that chapter; or
(b) if the regulations provide for a later date or time of
commencement—on that date or at that time.
15 Regulation-making power
(1) The Executive may make regulations for this Act.
Note Regulations must be notified, and presented to the Legislative Assembly,
under the Legislation Act 2001.
(2) The regulations may prescribe offences for contraventions of the
regulations and prescribe maximum penalties of not more than
10 penalty units for offences against the regulations.
Dictionary
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Dictionary
(see s 2)
Note 1 The Legislation Act contains definitions and other provisions relevant to
this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• contravene
• disallowable instrument (see s 9)
• Executive
• individual
• penalty unit (see s 133)
• person
• the Territory.
consent includes implied consent.
defined offence means—
(a) an offence against a Territory law (other than the common law)
punishable by life imprisonment or for 10 years or more; or
(b) an offence against any of the following provisions of the
Criminal Code:
(i) section 603 (8) (which is about trafficking in cannabis);
(ii) section 610 (5) (Selling controlled precursor for
manufacture of controlled drug);
(iii) section 611 (9) or (10) (Manufacturing controlled
precursor for manufacture of controlled drug);
(iv) section 613 (Supplying substance, equipment or
instructions for manufacturing controlled drug);
(v) section 620 (Supplying plant material, equipment or
instructions for cultivating controlled plant);
(vi) section 625 (4) (Supplying controlled drug to child);
Dictionary
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(vii) section 640 (Receiving property directly derived from drug
offence); or
(c) an offence against the Medicines, Poisons and Therapeutic
Goods Act 2008, section 26 (Supplying declared substances) in
relation to a controlled medicine, or prohibited substance, within
the meaning of that Act.
engage in conduct—see the Criminal Code, section 13.
evidence—giving of evidence of a private conversation, for part 3
(Evidence)—see section 9.
hearing aid means a device used by a person with impaired hearing
to overcome the impairment and to permit the person to hear sounds
ordinarily audible to the human ear, but no other sounds.
listen to includes hear.
listening device means any instrument, apparatus, equipment or
device capable of being used to listen to or to record a private
conversation, but does not include a hearing aid.
party, in relation to a private conversation, means—
(a) a person who speaks, or is spoken to, in the course of the
conversation; or
(b) a person who, with the consent of any of the persons who speaks
or is spoken to in the course of the conversation, listens to or
records the conversation.
principal party, in relation to a private conversation, means a person
who speaks, or is spoken to, in the course of the conversation.
private conversation means a conversation between persons in
circumstances that may reasonably be taken to indicate that any of the
principal parties desires the conversation to be listened to only—
(a) by themselves; or
(b) by themselves and by some other person with the consent of
each principal party to the conversation.
Dictionary
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record, in relation to a private conversation, includes a statement
prepared from such a record.
report, in relation to a private conversation, includes a report of the
substance, meaning or purport of the conversation.
Endnotes
About the endnotes 1
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Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
Endnotes
3 Legislation history
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3 Legislation history
After 11 May 1989 and before 10 November 1999, Acts commenced on their
notification day unless otherwise stated (see Australian Capital Territory (Self-
Government) Act 1988 (Cwlth) s 25).
Listening Devices Act 1992 A1992-57
notified 25 September 1992 (Gaz 1992 No S162)
commenced 25 September 1992
as amended by
Acts Revision (Position of Crown) Act 1993 A1993-44 sch 2
notified 27 August 1993 (Gaz 1993 No S165)
commenced 27 August 1993 (s 2)
Statute Law Revision (Penalties) Act 1994 A1994-81 sch
notified 29 November 1994 (Gaz 1994 No S253)
s 1, s 2 commenced 29 November 1994 (s 2 (1))
sch commenced 29 November 1994 (s 2 (2) and Gaz 1994 No S269)
Statute Law Revision (Penalties) Act 1998 A1998-54 sch
notified 27 November 1998 (Gaz 1998 No S207)
s 1, s 2 commenced 27 November 1998 (s 2 (1))
sch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49)
Statute Law Amendment Act 2000 A2000-80 amdt 3.15
notified 21 December 2000 (Gaz 2000 No S69)
commenced 21 December 2000 (s 2)
Legislation (Consequential Amendments) Act 2001 A2001-44 pt 226
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 226 commenced 12 September 2001 (s 2 and see Gaz 2001
No S65)
Criminal Code (Theft, Fraud, Bribery and Related Offences)
Amendment Act 2004 A2004-14 sch 1 pt 1.30
notified LR 26 March 2004
s 1, s 2 commenced 26 March 2004 (LA s 75 (1))
sch 1 pt 1.30 commenced 9 April 2004 (s 2 (1))
Endnotes
Legislation history 3
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Criminal Code (Serious Drug Offences) Amendment Act 2004
A2004-56 sch 1 pt 1.4
notified LR 6 September 2004
s 1, s 2 commenced 6 September 2004 (LA s 75 (1))
sch 1 pt 1.4 commenced 6 March 2005 (s 2 and LA s 79)
Criminal Code Harmonisation Act 2005 A2005-54 sch 1 pt 1.29
notified LR 27 October 2005
s 1, s 2 commenced 27 October 2005 (LA s 75 (1))
sch 1 pt 1.29 commenced 24 November 2005 (s 2)
Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.62
notified LR 22 March 2007
s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))
sch 3 pt 3.62 commenced 12 April 2007 (s 2 (1))
Corrections Management Act 2007 A2007-15 sch 1 pt 1.5
notified LR 18 June 2007
s 1, s 2 commenced 18 June 2007 (LA s 75 (1))
sch 1 pt 1.5 commenced 18 December 2007 (s 2 and LA s 79)
Children and Young People (Consequential Amendments) Act 2008
A2008-20 sch 2 pt 2.12
notified LR 17 July 2008
s 1, s 2 commenced 17 July 2008 (LA s 75 (1))
s 3 commenced 18 July 2008 (s 2 (1))
sch 2 pt 2.12 commenced 9 September 2008 (s 2 (3) and see Children
and Young People Act 2008 A2008-19, s 2 and CN2008-13)
Medicines, Poisons and Therapeutic Goods Act 2008 A2008-26
sch 2 pt 2.18
notified LR 14 August 2008
s 1, s 2 commenced 14 August 2008 (LA s 75 (1))
sch 2 pt 2.18 commenced 14 February 2009 (s 2 and LA s 79)
Crimes Legislation Amendment Act 2021 (No 2) A2021-18 pt 6
notified LR 11 August 2021
s 1, s 2 commenced 11 August 2021 (LA s 75 (1))
pt 6 commenced 11 February 2022 (s 2 (2) and LA s 79)
Endnotes
4 Amendment history
page 22 Listening Devices Act 1992
Effective: 11/02/22
R10
11/02/22
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
4 Amendment history
Name of Act
s 1 sub A2007-3 amdt 3.345
Dictionary
s 2 am A2001-44 amdt 1.2669
defs reloc to dict A2007-3 amdt 3.347
sub A2007-3 amdt 3.348
def engage in conduct ins A2005-54 amdt 1.208
om A2007-3 amdt 3.346
def this Act om A2001-44 amdt 1.2668
Notes
s 3 om A1993-44 sch 2
ins A2005-54 amdt 1.209
Offences against Act—application of Criminal Code etc
s 3A ins A2005-54 amdt 1.209
Application of Act to corrections management
s 3B ins A2007-15 amdt 1.26
Application of Act to detention places
s 3C ins A2008-20 amdt 2.23
Use of listening devices
s 4 am A1994-81 sch; A2005-54 amdt 1.210; A2021-18 s 15
Communication and publication of records of private conversations by
parties
s 5 am A1994-81 sch; A2005-54 amdt 1.211; A2021-18 s 15
Communication and publication of unlawfully recorded private
conversations
s 6 am A1994-81 sch; A2005-54 amdt 1.212
Possession of records of unlawfully recorded private conversations
s 7 am A1994-81 sch; A2005-54 amdt 1.213
Manufacture, supply and possession of listening devices
s 8 am A1994-81 sch
sub A2005-54 amdt 1.214
Admissibility of evidence obtained using listening devices
s 10 am A1994-81 sch; A2005-54 amdt 1.215
Acts and omissions of representatives
s 11 sub A2004-15 amdt 1.34
Corporations—penalties
s 13 om A1998-54 sch
Endnotes
Amendment history 4
R10
11/02/22
Listening Devices Act 1992
Effective: 11/02/22
page 23
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Exemptions
s 14 am A2001-44 amdt 1.2670
Regulation-making power
s 15 am A1998-54 sch
sub A2001-44 amdt 1.2671
Dictionary
dict ins A2007-3 amdt 3.349
am A2021-18 s 16
def consent reloc from s 2 A2007-3 amdt 3.347
def defined offence am A2000-80 amdt 3.15; A2004-56
amdt 1.49
reloc from s 2 A2007-3 amdt 3.347
am A2008-26 amdt 2.124
def engage in conduct ins A2007-3 amdt 3.349
def evidence ins A2007-3 amdt 3.349
def hearing aid reloc from s 2 A2007-3 amdt 3.347
def listen to reloc from s 2 A2007-3 amdt 3.347
def listening device reloc from s 2 A2007-3 amdt 3.347
def party reloc from s 2 A2007-3 amdt 3.347
def principal party reloc from s 2 A2007-3 amdt 3.347
def private conversation reloc from s 2 A2007-3 amdt 3.347
def record reloc from s 2 A2007-3 amdt 3.347
def report reloc from s 2 A2007-3 amdt 3.347