(1)  A person shall not possess a record of a private conversation knowing that it has been obtained –

(a) directly or indirectly, by the use of a listening device in contravention of section 5 ; or

(b) as the result of the unintentional hearing of a private conversation.

(2)  Subsection (1) does not apply where the record is in the possession of the person –

(a) in connection with proceedings for an offence against this Act; or

(b) with the consent, express or implied, of all of the principal parties to the private conversation; or

(c) as a consequence of a communication or publication of that record to that person in circumstances that do not constitute an offence against this Part.

(3)  Subsection (1)(b) does not apply where the record is of information obtained by the use of a personal camera in accordance with section 44A of the Police Powers (Surveillance Devices) Act 2006 .