Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts5. (1) A party to a private conversation shall not knowingly communicate or publish a record of the conversation made, directly or indirectly, by the use of a listening device (whether in contravention of section 4 or not).
Penalty: $20,000 or imprisonment for 2 years, or both.
(2) Subsection (1) does not apply where the communication or publication—
(a) is made to another party to the conversation;
(b) is made with the consent of each principal party to the conversation;
(c) is made in the course of civil or criminal proceedings;
(d) is considered by the party making it, on reasonable grounds, to be necessary for the protection of that party's lawful interests;
(e) is made to a person who is believed by the party on reasonable grounds to have such an interest in the conversation as to make the communication or publication reasonable in the circumstances; or
(f) is made pursuant to an authority granted by or under a law of the Commonwealth.
(3) Paragraph (2) (d) does not apply so as to exempt a person from the application of subsection (1) where the relevant record of conversation is made, directly or indirectly, by the use of a listening device by or on behalf of the Territory.
6. (1) A person shall not knowingly communicate or publish a private conversation, or a report of a private conversation, that has come to the person's knowledge as a result, direct or indirect, of the use of a listening device—
(a) in contravention of section 4; or
(b) in circumstances referred to in paragraph 4 (2) (b) or subsection 4 (3).
Penalty: $20,000 or imprisonment for 2 years, or both.
(2) Subsection (1) does not apply—
(a) where the communication or publication is made—
(i) to a party to the private conversation;
(ii) with the consent of each principal party to the conversation;
(iii) in the course of proceedings for an offence against this Act; or
(iv) in the case of the use of a listening device in the circumstances referred to in subparagraph 4 (3) (b) (i)—in the course of reasonable action taken to protect the lawful interests of the principal party to the conversation who consented to the use of the device; or
(b) where the person referred to in subsection (1) also obtains knowledge of the private conversation or report in circumstances other than those referred to in that subsection.
(3) Subparagraph (2) (a) (iv) does not apply so as to exempt a person from the application of subsection (1) where the relevant listening device is used by or on behalf of the Territory.