(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 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(i) an imminent threat of serious violence to persons or of substantial damage to property; or(ii) a serious narcotics offence (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.