7Prohibition on installation, use and maintenance of listening devices

#### 7 Prohibition on installation, use and maintenance of listening devices 7 Prohibition on installation, use and maintenance of listening devices > > (1) A person must not knowingly install, use or cause to be used or maintain a listening device— > > > > > (a) to overhear, record, monitor 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. > > > > 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) the installation, use or maintenance of a listening device in accordance with a warrant, emergency authorisation, corresponding warrant or corresponding emergency authorisation, > > > > > (b) the installation, use or maintenance of a listening device in accordance with the [Telecommunications (Interception and Access) Act 1979](http://www.legislation.gov.au/), or any other law, of the Commonwealth, > > > > > (c) the unintentional hearing of a private conversation by means of a listening device, > > > > > (d) the use of a listening device to record a refusal to consent to the recording of an interview by a member of the NSW Police Force in connection with the commission of an offence by a person suspected of having committed the offence, > > > > > (e) the use of a listening device and any enhancement equipment in relation to the device solely for the purposes of the location and retrieval of the device or equipment, > > > > > (f) the use of a listening device, being a device integrated into a Taser issued to a member of the NSW Police Force, to record the operation of the Taser and the circumstances surrounding its operation, > > > > > (g) the use, in accordance with section 50A, of body-worn video by a police officer, > > > > > (h) the installation, use or maintenance of a listening device in accordance with the [Witness Protection Act 1995](/view/html/inforce/current/act-1995-087) or an instrument made under that Act. > > > (3) Subsection (1)(b) does not apply to the use of a listening device by a party to a private conversation if— > > > > > (a) all of the principal parties to the conversation consent, expressly or impliedly, to the listening device being so used, or > > > > > (b) a principal party to the conversation consents to the listening device being so used and the recording of the conversation— > > > > > > > (i) is reasonably necessary for the protection of the lawful interests of that principal party, or > > > > > > > (ii) is not made for the purpose of communicating or publishing the conversation, or a report of the conversation, to persons who are not parties to the conversation. > > > (4) Subsection (1) does not apply to the use of a listening device to record, monitor or listen to a private conversation if— > > > > > (a) a party to the private conversation is a participant in an authorised operation and, in the case of a participant who is a law enforcement officer, is using an assumed name or assumed identity, and > > > > > (b) the person using the listening device is that participant or another participant in that authorised operation. > > > (5) In this section— > > > > authorised operation and participant in an authorised operation have the same meanings as in the [Law Enforcement (Controlled Operations) Act 1997](/view/html/inforce/current/act-1997-136). > > > > Note. > > > > The definition of participant in an authorised operation includes a civilian participant within the meaning of the [Law Enforcement (Controlled Operations) Act 1997](/view/html/inforce/current/act-1997-136). > > **s 7:** Am 2008 No 107, Sch 27 \[1\]; 2013 No 16, Sch 3; 2014 No 81, Sch 1 \[2\]; 2024 No 89, Sch 2\[1\].