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Invasion of Privacy Act 1971 – 1 November 2013

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A person is guilty of an offence under section 43 if a person uses a listening device to overhear, record, monitor or listen to a private conversation. A person is also guilty of an offence if information obtained in contravention of section 43 is shared with another person.

  • Sections 4, 42, 43, 44, 46

If a party to a private conversation wants to record the conversation for later sharing with another person, they must have done so with the consent of all other parties to the conversation or done so as far as it is reasonably necessary to protect their own lawful interests. Note: Other exceptions apply and if not satisfied, the person recording the conversation may be guilty of an offence.

  • Sections 4, 42, 45
Reason for law

To regulate the use of listening devices. (Long title of Act).

Relevant links

N/A

Suggested links

Closed courts have open ears [Queensland Law Society]

Media article

Backyard skinny-dippers lack effective laws to keep peeping drones at bay

Critique

The Long title of the Act refers to licensing and control of credit reporting entities; this topic is not covered in the Act.

Section 43 contains a reference to ‘Her Majesty’ which may be replaced with a modern alternative.

The word ‘succour’ in section 48A may not be commonly understood by members of the public.

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