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INVASION OF PRIVACY ACT 1971 - SECT 45
Prohibition on communication or publication of private conversations by parties thereto
45 Prohibition on communication or publication of private conversations by
parties thereto
(1) A person who, having been a party to a private conversation and having
used a listening device to overhear, record, monitor or listen to that
conversation, subsequently communicates or publishes to any other person any
record of the conversation made, directly or indirectly, by the use of the
listening device or any statement prepared from such a record is guilty of an
offence against this Act and is liable on conviction on indictment to a
maximum penalty of 40 penalty units or imprisonment for 2 years. Note— If a
corporation commits an offence against this provision, an executive officer of
the corporation may be taken, under section 49A , to have also committed the
offence.
(2) Subsection (1) does not apply where the communication or
publication— (a) is made to another party to the private conversation or
with the consent, express or implied, of all other parties to the private
conversation, being parties referred to in section 42 (2) (a) ; or
(b) is
made in the course of legal proceedings; or
(c) is not more than is
reasonably necessary— (i) in the public interest; or
(ii) in the
performance of a duty of the person making the communication or publication;
or
(iii) for the protection of the lawful interests of that person; or
(d)
is made to a person who has, or is believed, on reasonable grounds, by the
person making the communication or publication to have, such an interest in
the private conversation as to make the communication or publication
reasonable under the circumstances in which it is made; or
(e) is made by a
person who used the listening device to overhear, record, monitor, or listen
to the private conversation under section 43 (2) (c) or (d) .
(3) In
subsection (2) —
"legal proceedings" includes— (a) proceedings (whether civil or criminal) in
or before any court; and
(b) proceedings before justices; and
(c)
proceedings before any court, tribunal or person (including any inquiry,
examination or arbitration) in which evidence is or may be given; and
(d) any
part of legal proceedings.
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