AustLII Tasmanian Consolidated Acts

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LISTENING DEVICES ACT 1991 - SECT 5

PART 2 - Offences Relating to Listening Devices Prohibition on use of listening devices

(1)  A person shall not use, or cause or permit to be used, a listening device –
(a) to record 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.
(2)  Subsection (1) does not apply to –
(a) the use of a listening device pursuant to a warrant granted under Part 4 ; or
(b) the use of a listening device pursuant to an authority granted by or under the Telecommunications (Interception) Act 1979 of the Commonwealth or any other law of the Commonwealth; or
(ba) the use of a surveillance device pursuant to an authority granted by or under the Police Powers (Surveillance Devices) Act 2006 or by or under a corresponding law as defined in section 3 of that Act; or
(bb) the use, in accordance with section 44A of the Police Powers (Surveillance Devices) Act 2006 , of a listening device consisting of a personal camera; or
(c) the use of a listening device to obtain evidence or information in connection with –
(i) an imminent threat of serious violence to persons or of substantial damage to property; or
(ii) a serious narcotics offence –
if the person using the listening device believes on reasonable grounds that it was necessary to use the device immediately to obtain that evidence or information; or
(d) the unintentional hearing of a private conversation by means of a listening device; or
(e) the use of a listening device for the recording of an interview between a police officer and a person suspected by a police officer of having committed an offence against any Act.
(2A)  For the purposes of subsection (2)(e) , police officer includes a person appointed by or under an Australian law whose functions include the prevention or investigation of offences.
(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 –
(i) the recording of the conversation is reasonably necessary for the protection of the lawful interests of that principal party; or
(ii) the recording of the conversation 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)  Where a listening device is used in the circumstances referred to in subsection (2) (c) and its use would, but for subsection (2) (c) , be contrary to this section, the person who used the device shall, within 3 days after first using the device, furnish a report to the Chief Magistrate containing particulars of the circumstances in which the device is being, or was, used.
(5)  If, on receipt of a report referred to in subsection (4) , the Chief Magistrate is not satisfied that the use of the listening device was justified under subsection (2) (c) , the Chief Magistrate shall order that the use of the device immediately cease.
(6)  Where the Chief Magistrate has ordered that the use of a listening device cease, a person shall not use the listening device after such an order is made unless it is used pursuant to a warrant granted under Part 4 .
(7)  If, on receipt of a report referred to in subsection (4) , the Chief Magistrate is satisfied that the use of the listening device was justified under subsection (2) (c) , the Chief Magistrate shall so notify the person using the device and that person shall, within one month after the device ceases to be used, furnish a report in writing to the Chief Magistrate –
(a) specifying the name, if known, of any person whose private conversation was recorded or listened to by the use of the device; and
(b) specifying the period during which the device was used; and
(c) containing particulars of any premises on which the device was installed or any place at which the device was used; and
(d) containing particulars of the general use made or to be made of any evidence or information obtained by the use of the device.



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