Australia Recording LawsAustralia Laws
Australia flag

Australia

Contextual / Mixed

Can You Record a Phone Call in Australia? State-by-State Rules

By Recording Law Editorial Team10 min read
Can You Record a Phone Call in Australia? State-by-State Rules

Recording your own phone call in Australia is usually governed by state or territory law, not the federal interception offence. The rule differs sharply between Victoria, Queensland and the Northern Territory on one side, and New South Wales, Western Australia and the rest on the other.

This article addresses the law of recording a phone call in Australia under the federal Telecommunications (Interception and Access) Act 1979 (Cth) and the eight state and territory surveillance or listening devices Acts, information current as at 19 July 2026. It does not address the separate rules for an in-person conversation, covered on recordinglaw.com's comparison of Australia's recording laws, or the law of other countries.

Why the Federal Interception Law Usually Is Not the Right Framework

The Telecommunications (Interception and Access) Act 1979 (Cth) makes it an offence to intercept a communication passing over a telecommunications system. Section 6(1) defines interception: it "consists of listening to or recording, by any means, such a communication in its passage over that telecommunications system without the knowledge of the person making the communication" (Telecommunications (Interception and Access) Act 1979 (Cth) s 6(1)). A person who is a party to their own call necessarily has knowledge of it, and a recording made at the handset occurs at the point of receipt, not in passage over the network. That combination generally takes a participant's own recording of their own call outside the federal interception offence, so state or territory law is the framework that answers whether you can record your own call.

Which Law Actually Applies

Each state and territory has its own listening devices or surveillance devices Act, and every one treats a phone call as a form of "private conversation" for the recording offence. Because federal interception law is generally not engaged for a call you are part of, the answer comes from the Act of the jurisdiction where you record. Recordinglaw.com's comparison of Australia's recording laws sets out the full three-group framework across all eight jurisdictions, which applies directly to phone calls since a telephone conversation is a private conversation under each Act in the same way an in-person conversation is.

Group 1: Victoria, Queensland and the Northern Territory Do Not Restrict Recording Your Own Call

In Victoria, the offence under the Surveillance Devices Act 1999 (Vic) s 6(1) only catches use of a listening device on "a private conversation to which the person is not a party"; a participant is outside the prohibition, so no exception is needed to record. Queensland's Invasion of Privacy Act 1971 (Qld) s 43(1) creates the offence, and s 43(2) exempts a person who is a party to the conversation. The Northern Territory's Surveillance Devices Act 2007 (NT) s 11(1) is structured the same way: the offence requires the conversation be one "to which the person is not a party", so the prohibition never reaches a participant's own recording of their own call.

recording law - dashcam and rideshare recording

Group 2: New South Wales, Tasmania and the ACT Prohibit It by Default, With a Personal-Use Exception

New South Wales, Tasmania and the Australian Capital Territory take the opposite approach: their Acts prohibit a party from recording their own conversation, then carve out exceptions. Under the Surveillance Devices Act 2007 (NSW) s 7(1)(b), recording a call you are a party to is prohibited, but s 7(3)(b)(ii) excuses it where the recording "is not made for the purpose of communicating or publishing the conversation, or a report of the conversation, to persons who are not parties to the conversation". The Listening Devices Act 1991 (Tas) s 5(1)(b) and s 5(3), and the Listening Devices Act 1992 (ACT) s 4(1)(b) and s 4(3), use near-identical wording. In practice, that limb covers most private calls someone records purely for their own reference, without an intention to share it.

Group 3: Western Australia and South Australia Have No Personal-Use Exception

Western Australia and South Australia prohibit recording a call you are a party to under the Surveillance Devices Act 1998 (WA) s 5(1)(b) and the Surveillance Devices Act 2016 (SA) s 4(1)(b), but neither Act has a personal-use limb. The WA exception at s 5(3) is limited to law enforcement use, all-party consent, or a recording "reasonably necessary for the protection of the lawful interests of that principal party". South Australia's exception at s 4(2)(a) is structured the same way. A call recorded purely for personal reference, without consent or a lawful-interest basis, falls within neither exception. South Australia has one further public-interest exception at s 6, covered on recordinglaw.com's guide to recording someone without consent.

Phone Call Recording by Jurisdiction

JurisdictionGroupGoverning ActCan you record a call you are part of, without telling the other person?Key provision
Victoria1Surveillance Devices Act 1999 (Vic)Yes, outside the offence; a participant is not covered by s 6(1)s 6(1)
Queensland1Invasion of Privacy Act 1971 (Qld)Yes, exempt as a party under s 43(2)s 43(1), (2)
Northern Territory1Surveillance Devices Act 2007 (NT)Yes, the offence is limited to conversations you are not part ofs 11(1)
New South Wales2Surveillance Devices Act 2007 (NSW)Prohibited by default; usually excused if not made to communicate or publish it to non-partiess 7(1)(b), s 7(3)(b)(ii)
Tasmania2Listening Devices Act 1991 (Tas)Prohibited by default; same personal-use exceptions 5(1)(b), s 5(3)
Australian Capital Territory2Listening Devices Act 1992 (ACT)Prohibited by default; same personal-use exceptions 4(1)(b), s 4(3)
Western Australia3Surveillance Devices Act 1998 (WA)Prohibited unless consent or a lawful-interest justification; no personal-use exceptions 5(1)(b), s 5(3)
South Australia3Surveillance Devices Act 2016 (SA)Prohibited unless consent, a lawful-interest justification, or the s 6 public-interest exceptions 4(1)(b), s 4(2)(a), s 6

recording law people - doorbell camera capture of front-porch interactions

Business Call Recording and "This Call May Be Recorded" Notices

Businesses that record customer calls for quality or training purposes generally give an automated notice at the start of the call, such as "this call may be recorded for quality and training purposes". A caller who continues after hearing the notice has generally impliedly consented, which satisfies the consent limb most of these Acts rely on. Consent can be express, stated in words, or implied, inferred from conduct; none of the eight Acts require particular wording. A business recording without such a notice is in the same position as an individual, needing to fit within its jurisdiction's exception structure; a national call centre effectively faces the strictest jurisdiction among its callers. Businesses handling personal information should also consider Australia's data privacy obligations.

Recording a Call With Someone in a Different State or Territory

Phone calls routinely cross state and territory lines, and none of the Acts reviewed for this article state which jurisdiction's law applies when the caller and recipient are in different states. This article does not assume an answer to that gap. Where one party's jurisdiction would excuse a recording and the other's would not, the cautious approach is to follow whichever rule is stricter, for example by getting the other person's express consent rather than relying on an exception that might not exist under their local law.

Publishing or Sharing a Recorded Call Is a Separate Offence

Making a recording and communicating or publishing it are two separate offences under every Act discussed here. New South Wales' Surveillance Devices Act 2007 (NSW) s 11 makes it an offence to publish or communicate a private conversation obtained in contravention of the Act, subject to exceptions including consent of all principal parties. Victoria's Surveillance Devices Act 1999 (Vic) s 11 and Queensland's Invasion of Privacy Act 1971 (Qld) ss 44 and 45 impose comparable publication offences with their own exceptions. A lawfully made recording can still expose the person who shares it to a publication offence if none of those exceptions apply.

recording law people - business negotiation and meeting recording

Recordinglaw.com also has dedicated state and territory guides, including New South Wales, Victoria, Queensland, Western Australia, South Australia, Tasmania, the ACT and the Northern Territory.

This article provides general legal information about recording phone calls under Australian federal and state law as at 19 July 2026. It is not legal advice and does not account for your individual circumstances. For advice about a specific recording, consult a legal practitioner admitted in the relevant Australian state or territory.

Frequently Asked Questions

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

It depends on the state or territory. In Victoria, Queensland and the Northern Territory, a call you are part of falls outside the recording offence. In New South Wales, Tasmania and the ACT, it is prohibited by default but usually excused if you are not intending to share or publish the recording. In Western Australia and South Australia, you generally need the other person's consent or a lawful-interest justification.

Does the federal interception law stop me recording my own calls?

Generally no. Telecommunications (Interception and Access) Act 1979 (Cth) s 6(1) defines interception as recording a communication without the knowledge of the person making it, and a party to their own call has that knowledge, so the state or territory Act is the one that governs.

Can a business record customer service calls without asking each time?

A recorded automated notice at the start of the call is common practice; a caller who continues after hearing it has generally impliedly consented, which satisfies the consent limb most of these Acts rely on.

What happens if I record a call and then send it to someone else?

Sharing or publishing a recording is regulated separately from making it. Even a lawfully made recording can breach a publication offence, such as Surveillance Devices Act 2007 (NSW) s 11 or Surveillance Devices Act 1999 (Vic) s 11, if none of that offence's exceptions apply.

Is South Australia the strictest state for recording phone calls?

South Australia shares Western Australia's narrow lawful-interests-only structure, and additionally has a separate public-interest exception at Surveillance Devices Act 2016 (SA) s 6 that Western Australia does not.

Do I need consent to record a call between someone in NSW and someone in Queensland?

No single choice-of-law rule is established for a cross-border call, since the two states' recording offences differ. The cautious approach is to follow whichever jurisdiction's rule is stricter, generally by obtaining express consent before recording.

What if someone records me on a call without my knowledge?

The criminal offence in each Act protects you against being recorded without consent or an available exception. You may also have a civil claim under the federal statutory tort for a serious invasion of privacy, discussed on recordinglaw.com's guide to recording someone without consent in Australia.

Sources and References

  1. Telecommunications (Interception and Access) Act 1979 (Cth) s 6(1), definition of interception(austlii.edu.au)
  2. Surveillance Devices Act 1999 (Vic) s 6, listening devices offence and participant scope(austlii.edu.au)
  3. Surveillance Devices Act 1999 (Vic) s 11, publication offence(austlii.edu.au)
  4. Invasion of Privacy Act 1971 (Qld) ss 43-45, listening device and publication offences(legislation.qld.gov.au).gov
  5. Surveillance Devices Act 2007 (NT) s 11, listening devices offence(legislation.nt.gov.au).gov
  6. Surveillance Devices Act 2007 (NSW) s 7, listening devices offence and personal-use exception(austlii.edu.au)
  7. Surveillance Devices Act 2007 (NSW) s 11, publication offence(austlii.edu.au)
  8. Listening Devices Act 1991 (Tas) s 5, prohibition and personal-use exception(legislation.tas.gov.au).gov
  9. Listening Devices Act 1992 (ACT) s 4, prohibition and personal-use exception(legislation.act.gov.au).gov
  10. Surveillance Devices Act 1998 (WA) s 5, prohibition and lawful-interests exception(austlii.edu.au)
  11. Surveillance Devices Act 2016 (SA) ss 4 and 6, prohibition, lawful-interests and public-interest exceptions(legislation.sa.gov.au).gov
Share: