Northern Territory Numbered Acts

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SURVEILLANCE DEVICES ACT 2007 (NO 19 OF 2007) - SECT 15

Communication and publication of private conversations and activities

    (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.



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