12Possession of record of private conversation or activity

#### 12 Possession of record of private conversation or activity 12 Possession of record of private conversation or activity > > (1) A person must not possess a record of a private conversation or the carrying on of an activity knowing that it has been obtained, directly or indirectly, by the use of a listening device, optical surveillance device or tracking device in contravention 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 where the record is in the possession of the person— > > > > > (a) in connection with proceedings for an offence against this Act or the regulations, or > > > > > (b) with the consent, express or implied, of all of the principal parties to the private conversation or persons who took part in the activity, or > > > > > (c) as a consequence of a communication or publication of that record to that person in circumstances that do not constitute a contravention of this Part.