South Australian Current Acts South Australian Current Acts9—Communication or publication of information or material—lawful
interest
(1) A person must not
knowingly use, communicate or publish information or material derived from the
use of a listening device or an optical surveillance device in circumstances
where the device was used to protect the lawful interests of that person
except—
(a) to a
person who was a party to the conversation or activity to which the
information or material relates; or
(b) with
the consent of each party to the conversation or activity to which the
information or material relates; or
(c) to
an officer of an investigating agency for the purposes of a
relevant investigation or relevant action or proceeding; or
(d) in
the course, or for the purposes, of a relevant action or proceedings; or
(e) in
relation to a situation where—
(i)
a person is being subjected to violence; or
(ii)
there is an imminent threat of violence to a person; or
(f) to a
media organisation; or
(g) in
accordance with an order of a judge under this Division; or
(h)
otherwise in the course of duty or as required or authorised by law.
Maximum penalty:
(a) in
the case of a body corporate—$50 000;
(b) in
the case of a natural person—$10 000.
(2) A person who is a
licensed investigation agent under the Security and Investigation Industry
Act 1995 must not knowingly use, communicate or publish information or
material derived from the use of a listening device under
section 4(2)(b)(iv), or an optical surveillance device under
section 5(4)(a)(iv) except—
(a) to a
prescribed person or class of persons; or
(b) in
prescribed circumstances; or
(c) as
authorised by or under this Act or any other Act or law.
Maximum penalty:
(a) in
the case of a body corporate—$50 000;
(b) in
the case of a natural person—$10 000.
(3) A loss adjuster to
whom the Security and Investigation Industry Act 1995 does not apply
must not knowingly use, communicate or publish information or material derived
from the use of a listening device under section 4(2)(b)(v), or an
optical surveillance device under section 5(4)(a)(v) except—
(a) to a
prescribed person or class of persons; or
(b) in
prescribed circumstances; or
(c) as
authorised by or under this Act or any other Act or law.
Maximum penalty:
(a) in
the case of a body corporate—$50 000;
(b) in
the case of a natural person—$10 000.