11Prohibition on communication or publication of private conversations or recordings of activities

#### 11 Prohibition on communication or publication of private conversations or recordings of activities 11 Prohibition on communication or publication of private conversations or recordings of activities > > (1) A person must not publish, or communicate to any person, a private conversation or a record of the carrying on of an activity, or a report of a private conversation or carrying on of an activity, that has come to the person’s knowledge as a direct or indirect result of the use of a listening device, an optical surveillance device or a tracking device in contravention of a provision of this Part. > > > > Maximum penalty—500 penalty units (in the case of a corporation) or 100 penalty units or 5 years imprisonment, or both (in any other case). > > > (2) Subsection (1) does not apply to the following— > > > > > (a) if the communication or publication is made— > > > > > > > (i) to a party to the private conversation or activity, or > > > > > > > (ii) with the consent, express or implied, of all the principal parties to the private conversation or activity, or > > > > > > > (iii) for the purpose of investigating or prosecuting an offence against this section, or > > > > > > > (iv) in the course of proceedings for an offence against this Act or the regulations, > > > > > (b) if the communication or publication is no more than is reasonably necessary in connection with an imminent threat of— > > > > > > > (i) serious violence to persons or of substantial damage to property, or > > > > > > > (ii) commission of a serious narcotics offence. > > > (3) A person who obtains knowledge of a private conversation or activity in a manner that does not involve a contravention of a provision of this Part is not prevented from communicating or publishing the knowledge so obtained even if the same knowledge was also obtained in a manner that contravened this Part.