South Australian Current Acts South Australian Current Acts (1) Subject to this
section and section 6, a person must not knowingly install, use or cause
to be used, or maintain, a listening device—
(a) to
overhear, record, monitor or listen to a private conversation to which the
person is not a party; or
(b) to
record a private conversation to which the person is a party.
Maximum penalty:
(a) in
the case of a body corporate—$75 000;
(b) in
the case of a natural person—$15 000 or imprisonment for
3 years.
(2)
Subsection (1) does not apply—
(a) to
the use of a listening device by a party to a private conversation to record
the conversation if—
(i)
all principal parties to the conversation consent,
expressly or impliedly, to the device being so used; or
(ii)
the use of the device is reasonably necessary for the
protection of the lawful interests of that person; or
(b) to
the installation, use or maintenance of a listening device if—
(i)
the installation, use or maintenance is authorised under
this Act or any other Act or a corresponding law; or
(ii)
the installation, use or maintenance is authorised under
the Telecommunications (Interception and Access) Act 1979 , or another law, of
the Commonwealth, or
(iii)
the device is installed, used or maintained for the
purposes of an approved undercover operation under Part 2 of the
Criminal Investigation (Covert Operations) Act 2009 by, or on behalf of,
a person who is an authorised participant in the approved undercover
operation; or
(iv)
the device is installed, used or maintained by a person
who holds an investigation agent's licence under the
Security and Investigation Industry Act 1995 that authorises the holder
of the licence to perform the functions of inquiry work and—
(A) the device is used by the licensee in
the course of his or her functions as an investigation agent; and
(B) the use is reasonably necessary for the
protection of the lawful interests of a person; or
(v)
the device is installed, used or maintained by a loss
adjuster to whom the Security and Investigation Industry Act 1995 does
not apply and—
(A) the device is used by the loss adjuster
in the course of his or her functions as a loss adjuster; and
(B) the use is reasonably necessary for the
protection of the lawful interests of a person; or
(c) to
the installation, use or maintenance of a listening device on or within
premises or a vehicle if—
(i)
an owner or occupier of the premises or vehicle agrees to
the installation, use or maintenance of the device; and
(ii)
the installation, use or maintenance of the device is
reasonably necessary for the protection of the lawful interests of the owner
or occupier of the premises or vehicle, or some other person; or
(d) to
the use of a listening device to record any words spoken in connection with
the execution of a surveillance device warrant or surveillance device
(emergency) authority under this Act, or a warrant or other authority under
any other Act or law; or
(e) to
the use of a listening device by an officer for the purpose of recording any
words spoken by or to, or within the hearing of, the officer during activities
carried out in the course of the officer's duties; or
(f) to
the unintentional hearing of a private conversation by means of a
listening device; or
(g) to
the use of a listening device solely for the purposes of the location and
retrieval of the device; or
(h) to
the installation, use or maintenance of a listening device in prescribed
circumstances.
(3) An exemption from
subsection (1) that applies under subsection (2) or section 6
to a person in relation to the installation, use or maintenance of a
listening device for the purposes of the investigation of a matter by an
investigating agency extends to any other person who, for the purposes of the
investigation—
(a)
installs, uses or maintains that device; or
(b)
overhears, records, monitors or listens to the private conversation by means
of that device.