Western Australian Current Acts Western Australian Current Acts (1) Subject to
subsections (2) and (3), a person shall not install, use, or maintain, or
cause to be installed, used, or maintained, a listening device —
(a) to
record, monitor, or listen to a private conversation to which that person is
not a party; or
(b) to
record a private conversation to which that person is a party.
Penalty:
(a) for
an individual: $5 000 or imprisonment for 12 months, or both;
(b) for
a body corporate: $50 000.
(2) Subsection (1)
does not apply to —
(a) the
installation, use, or maintenance of a listening device in accordance with a
listening device warrant issued under Part 4;
(b) the
installation, use, or maintenance of a listening device in accordance with an
emergency authorisation issued under Part 4;
(c) the
installation, use, or maintenance of a listening device in accordance with a
law of the Commonwealth;
(d) the
use of a listening device in accordance with Part 5; or
(e) the
use of a listening device resulting in the unintentional hearing of a private
conversation.
(3) Subsection (1)(b)
does not apply to the installation, use, or maintenance of a listening device
by or on behalf of a person who is a party to a private conversation if
—
(a) that
installation, use or maintenance is carried out in the course of that
person’s duty as a law enforcement officer;
(b) that
installation, use or maintenance is carried out by that person as instructed
or authorised by a law enforcement officer in the course of an investigation
into a suspected criminal offence;
(c) each
principal party to the private conversation consents expressly or impliedly to
that installation, use, or maintenance; or
(d) a
principal party to the private conversation consents expressly or impliedly to
that installation, use, or maintenance and the installation, use, or
maintenance is reasonably necessary for the protection of the lawful interests
of that principal party.