Australian Capital Territory Numbered Acts

LISTENING DEVICES ACT 1992 (NO. 57 OF 1992) - SECT 10

10. (1) Where a private conversation, or a report of a private conversation, has come to the knowledge of a person as a result (direct or indirect) of the use of a listening device in contravention of section 4, or as a result (direct or indirect) of the use of a listening device in circumstances referred to in paragraph 4 (2) (b) or subsection 4 (3)—

        (a)     evidence of the conversation; or

        (b)     evidence obtained as a direct consequence of the conversation so coming to the knowledge of that person;

may not be given by that person in any civil or criminal proceedings.

(2) Subsection (1) does not apply—

        (a)     if each principal party to the conversation consents to the evidence being given;

        (b)     in proceedings for an offence against this Act;

        (c)     if the listening device was used in the circumstances referred to in subparagraph 4 (3) (b) (i)—so as to render any evidence inadmissible for the purpose of protecting the lawful interests of the principal party to the conversation who consented to the use of the device;

        (d)     in proceedings for a defined offence if, subject to subsection (4), a court considers that the evidence should be admitted; or

    (e)     where the person referred to in subsection (1) also obtains knowledge of the conversation or report in circumstances other than those referred to in that subsection.

(3) Paragraph (2) (c) does not apply so as to render admissible evidence which has been obtained, directly or indirectly, by the use of a listening device by or on behalf of the Territory.

(4) In determining whether to admit evidence referred to in subsection (1) in proceedings for a defined offence, the court shall—

        (a)     be guided by the public interest, including (where relevant) the public interest in—

              (i)     upholding the law;

              (ii)     protecting people from illegal or unfair treatment; and

              (iii)     punishing those guilty of offences; and

        (b)     have regard to all relevant matters, including—

              (i)     the seriousness of the offence in relation to which the evidence is sought to be admitted; and

              (ii)     the nature of the relevant contravention of section 4, or of the relevant circumstances referred to in paragraph 4 (2) (b), or subsection 4 (3), as the case requires.

(5) A court before which evidence referred to in subsection (1) is admitted in proceedings for an offence against this Act, or proceedings for a defined offence, may, at any stage of the proceedings, and from time to time, make an order forbidding the publication of—

        (a)     any such evidence;

        (b)     any report of any such evidence; or

        (c)     any report of the substance, meaning or purport of any such evidence.

(6) A person shall not contravene an order under subsection (5).

Penalty for contravention of subsection (6): $20,000 or imprisonment for 2 years, or both.