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INVASION OF PRIVACY ACT 1971 - SECT 44
Prohibition on communication or publication of private conversations unlawfully listened to
44 Prohibition on communication or publication of private conversations
unlawfully listened to
(1) A person is guilty of an offence against this Act if the person
communicates or publishes to any other person a private conversation, or a
report of, or of the substance, meaning or purport of, a private conversation,
that has come to his or her knowledge as a result, direct or indirect, of the
use of a listening device used in contravention of section 43 and is liable on
conviction on indictment to a maximum penalty of 40 penalty units or
imprisonment for 2 years. Note— If a corporation commits an offence against
this provision, an executive officer of the corporation may be taken, under
section 49A , to have also committed the offence.
(2) Subsection (1) does
not apply— (a) where the communication or publication of the private
conversation is made— (i) to a party to the conversation or with the
consent, express or implied, of such a party; or
(ii) in the course of
proceedings for an offence against this Act constituted by a contravention of,
or a failure to comply with any provision of this part; or
(b) to prevent a
person who has obtained knowledge of a private conversation otherwise than in
a manner referred to in that subsection from communicating or publishing to
another person the knowledge so obtained by the person, notwithstanding that
the person also obtained knowledge of the conversation in such a manner.
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