(1) A person is guilty of an offence if the person:
(a) communicates or publishes a record or report of a private conversation or private activity; and
(b) knows the record or report has been made as a direct or indirect result of the use of a listening device, optical surveillance device or tracking device.
Maximum penalty: 250 penalty units or imprisonment for 2 years.
(2) Subsection (1) does not apply:
(a) to a communication or publication made with the express or implied consent of each party to the private conversation or private activity; or
(b) to a communication or publication that is reasonably necessary:
(i) in the public interest; or
(ii) for protecting the lawful interests of the person making it; or
(c) to a communication or publication in the course of a legal or disciplinary proceeding; or
(d) to a communication or publication of protected information; or
(e) to a communication or publication made by a law enforcement officer:
(i) to a person authorised by the chief officer of the law enforcement agency for investigating or prosecuting an offence; or
(ii) to the occupier of a place of a record or report of a private activity made as a direct or indirect result of the use on the place of an optical surveillance device in the circumstances mentioned in section 12(2)(c) ; or
(iii) otherwise in the performance of the officer's duty; or
(f) to a communication or publication authorised by a law of the Commonwealth relating to the security of the Commonwealth.