(1) A person is guilty of an offence if the person:
(a) installs, uses or maintains a listening device to listen to, monitor or record a private conversation to which the person is not a party; and
(b) knows the device is installed, used or maintained without the express or implied consent of each party to the conversation.
Maximum penalty: 250 penalty units or imprisonment for 2 years.
(2) Subsection (1) does not apply to:
(a) the installation, use or maintenance of a listening device under:
(i) a warrant, emergency authorisation, corresponding warrant or corresponding emergency authorisation; or
(ii) under a law of the Commonwealth; or
(b) the use of a listening device by a law enforcement officer to monitor or record a private conversation to which the officer is not a party if:
(i) at least 1 party to the conversation expressly or impliedly consents to the monitoring or recording; and
(ii) the officer is acting in the performance of the officer's duty; and
(iii) the officer reasonably believes it is necessary to monitor or record the conversation for the protection of someone's safety; or
(c) the use of a listening device under section 43.