Recording Phone Calls in the ACT: What the Law Requires

Recording your own phone call in the ACT is governed by territory law, not the federal wiretapping statute most people assume applies. Section 4 of the Listening Devices Act 1992 (ACT) requires consent or a qualifying basis before you can lawfully record a call you are part of, and sharing the recording afterward is a separate legal question again.

Can You Record Your Own Phone Call in the ACT?

Usually yes, if you keep it private. Section 4(1)(b) of the Listening Devices Act 1992 (ACT) prohibits recording a private conversation you are a party to, and a phone call ordinarily meets that definition. Section 4(3) then excuses the recording where each principal party consents, or where you consent and either the recording is considered, on reasonable grounds, necessary to protect your own lawful interests, or, as an independent alternative, it is simply not made for the purpose of communicating or publishing it to anyone who was not on the call.

Jurisdiction scope: This article addresses phone call recording law in the ACT under the Listening Devices Act 1992 (ACT) and the federal Telecommunications (Interception and Access) Act 1979 (Cth). It does not address the phone recording rules of other Australian states or territories; for a national comparison, see recording a phone call in Australia. For the ACT's general recording rules, see Australian Capital Territory recording laws.

The Federal Layer: Why the TIA Act Usually Doesn't Apply to Your Own Call

The Telecommunications (Interception and Access) Act 1979 (Cth) makes it a criminal offence, under section 7, to intercept a communication passing over a telecommunications system without proper authorisation. A party to a call who records it using their own device, rather than tapping the telecommunications line itself, has knowledge of their own communication and is generally governed by territory legislation rather than the federal intercept provisions, since the recording is not made "in its passage" over the network. It is generally the ACT's Listening Devices Act, not the federal TIA Act, that governs whether you can record your own phone call.

The Territory Layer: Section 4 and the Two Bases

Once the TIA Act is set aside, the ACT's own Act governs. Section 4(3) offers a participant two independent ways to lawfully record their own call. The first, consent from each principal party, is straightforward. The second applies where only you consent, and splits again: the recording is lawful if you reasonably consider it necessary to protect your own lawful interests, or, entirely separately, if it is simply not made for the purpose of sharing it with anyone who was not on the call. That second, no-publication basis is the one most personal call recording relies on. A limit worth noting: section 4(4) removes the lawful-interests basis specifically for a listening device used by or on behalf of the ACT government, so a Territory agency cannot rely on that basis, though it can still rely on consent or the no-publication basis.

Notifying the Other Person: What Counts as Consent

Consent under section 4(3)(a) can be express or implied. Telling the other person at the start of the call that you intend to record it removes any doubt. Because the no-publication basis exists independently of consent, however, an ACT resident who simply wants a private record for their own reference does not strictly need to say anything, provided the recording is genuinely kept private and never shared.

For businesses recording customer calls: an automated notice played before the customer discusses their matter, with the customer continuing after hearing it, is the standard approach and generally establishes implied consent. If a customer objects, the recording should stop.

Sharing a Recorded Call Is a Separate Offence, and the Most Practical Point on This Page

Making a lawful recording of a phone call does not mean you can freely share it. Section 5 of the Listening Devices Act 1992 (ACT) makes it an offence for a party to a private conversation to divulge or communicate a record of it, and this applies regardless of whether the underlying recording itself was lawful under section 4. The exceptions under section 5(2) allow sharing to another party to the conversation, with the consent of each principal party, in the course of civil or criminal proceedings, or where the party sharing it reasonably considers it necessary to protect their own lawful interests. A recording that was lawful to make only because you did not intend to share it, relying on the no-publication basis, loses that specific justification the moment you do share it, and sharing without a s.5(2) exception carries up to 50 penalty units and six months imprisonment, a materially more serious maximum than the fine-only penalty for the recording itself.

Receiving or Publishing an Unlawfully Made Recording

Section 6 goes a step further, making it an offence to communicate or publish a private conversation you know was obtained through the unlawful use of a listening device, even if you did not make the recording yourself. This matters for anyone who receives a leaked or forwarded recording, not just the person who made it.

Cross-Border and Interstate Calls

If you are calling someone interstate, your own conduct in the ACT is still governed by ACT law, and the other party's conduct is governed by the law of wherever they are. The safest approach for a call involving an ACT participant is to comply with the stricter of the jurisdictions involved, since a Territory resident cannot rely on a more permissive rule that might apply to the other party in, for example, Victoria or Queensland.

Disclaimer: This article presents general legal information about phone call recording law in the Australian Capital Territory. It does not constitute legal advice. The information covers the Listening Devices Act 1992 (ACT) and the Telecommunications (Interception and Access) Act 1979 (Cth) as in force as of 2026-07-22. Laws can change. If you have a specific legal situation, consult a legal practitioner admitted in the Australian Capital Territory or the relevant Australian state or territory.

For the ACT's general consent rules, see Australian Capital Territory recording laws. For recording conversations at work in the ACT, see workplace recording in the ACT. For security cameras and CCTV in the ACT, see security camera laws in the ACT. For the national picture on phone recording, see recording a phone call in Australia.

---

Last updated: 2026-07-22. Statutes cited reflect their in-force versions as of 2026-07-22.

Frequently Asked Questions

Is it legal to record a phone call in the ACT without telling the other person?

Often yes, if you keep the recording for your own reference. Section 4(3)(b)(ii) of the Listening Devices Act 1992 (ACT) excuses a participant's recording where it is not made for the purpose of sharing it with people who were not on the call. If you plan to share it, you need consent or a genuine lawful-interests justification instead.

Does the federal wiretapping law apply if I record my own call in the ACT?

Usually not. The Telecommunications (Interception and Access) Act 1979 (Cth) targets interception of a communication in transit over a telecommunications system by someone without knowledge of the sender. A participant recording their own call at their own handset generally has knowledge of the communication, so the ACT's Listening Devices Act 1992, not the federal interception offence, governs the question.

If I lawfully record a phone call in the ACT, can I send it to someone else?

Not automatically, and this is the single most important practical rule. Section 5 of the Listening Devices Act 1992 (ACT) separately restricts sharing a recording, whether or not the original recording was lawful under section 4, unless you can share it to another party, with consent of each principal party, in proceedings, or to protect your own lawful interests. Sharing without an exception carries up to 50 penalty units and 6 months imprisonment.

Can the ACT government rely on the lawful-interests exception to record my calls?

No, not for that specific basis. Section 4(4) of the Listening Devices Act 1992 (ACT) provides that a listening device used by or on behalf of the Territory cannot rely on the lawful-interests basis in section 4(3)(b)(i). A Territory agency could still rely on consent from each principal party, or the separate no-publication basis, or an authority granted under another ACT law.

Can a business record customer service calls in the ACT?

Yes, generally, if the business plays an automated notice at the start of the call before the customer discusses their matter, and the customer continues the call after hearing it. This typically establishes implied consent under s.4(3)(a) of the Listening Devices Act 1992 (ACT). If a customer objects, the recording should stop.