Australia
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. The Australia recording consent checker applies this framework to a specific call scenario and states whether recording is likely lawful in the applicable state or territory.
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.
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
| Jurisdiction | Group | Governing Act | Can you record a call you are part of, without telling the other person? | Key provision |
|---|---|---|---|---|
| Victoria | 1 | Surveillance Devices Act 1999 (Vic) | Yes, outside the offence; a participant is not covered by s 6(1) | s 6(1) |
| Queensland | 1 | Invasion of Privacy Act 1971 (Qld) | Yes, exempt as a party under s 43(2) | s 43(1), (2) |
| Northern Territory | 1 | Surveillance Devices Act 2007 (NT) | Yes, the offence is limited to conversations you are not part of | s 11(1) |
| New South Wales | 2 | Surveillance Devices Act 2007 (NSW) | Prohibited by default; usually excused if not made to communicate or publish it to non-parties | s 7(1)(b), s 7(3)(b)(ii) |
| Tasmania | 2 | Listening Devices Act 1991 (Tas) | Prohibited by default; same personal-use exception | s 5(1)(b), s 5(3) |
| Australian Capital Territory | 2 | Listening Devices Act 1992 (ACT) | Prohibited by default; same personal-use exception | s 4(1)(b), s 4(3) |
| Western Australia | 3 | Surveillance Devices Act 1998 (WA) | Prohibited unless consent or a lawful-interest justification; no personal-use exception | s 5(1)(b), s 5(3) |
| South Australia | 3 | Surveillance Devices Act 2016 (SA) | Prohibited unless consent, a lawful-interest justification, or the s 6 public-interest exception | s 4(1)(b), s 4(2)(a), s 6 |
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.
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.
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Listening Devices Act 1992 (ACT)
s 4Use of listening devicesIn forcecited in 10 of our articles
(1) A person must not use a listening device with the intention of— (a) listening to or recording a private conversation to which the person is not a party; or (b) recording a private conversation to which the person is a party. Maximum penalty: 50 penalty units. (2) Subsection (1) does not apply to— (a) the use of a listening device under an authority granted by or under a law in force in the ACT; or (b) the unintentional hearing of a private conversation by means of a listening device. (3) Subsection (1) (b) does not apply to the use of a listening device by, or on behalf of, a party to a private conversation if— (a) each principal party to the conversation consents to that use of the listening device; or (b) a principal party to the conversation consents to the listening device being so used, and— (i) the recording of the conversation is considered by that principal party, on reasonable grounds, to be necessary for the protection of that principal party’s lawful interests; or (ii) the recording is not made for the purpose of communicating or publishing the conversation, or a report of the conversation, to any person who is not a party to the conversation.
Official text (excerpt) · last checked 2026-09-28 · Read the full text in our law library · Verify at legislation.act.gov.au
Also relied on in: Dash Cam Laws in Australia: What's Legal to Record, Is It Illegal to Record Someone Without Consent in Australia?, Recording Phone Calls in the ACT: What the Law Requires
Surveillance Devices Act 2007 (NSW)
s 11Prohibition on communication or publication of private conversations or recordings of activitiesIn forcecited in 5 of our articles
(1) A person must not publish, or communicate to any person, a private conversation or a record of the carrying on of an activity, or a report of a private conversation or carrying on of an activity, that has come to the person’s knowledge as a direct or indirect result of the use of a listening device, an optical surveillance device or a tracking device in contravention of a provision of this Part.Maximum penalty—500 penalty units (in the case of a corporation) or 100 penalty units or 5 years imprisonment, or both (in any other case). (2) Subsection (1) does not apply to the following—(a) if the communication or publication is made—(i) to a party to the private conversation or activity, or (ii) with the consent, express or implied, of all the principal parties to the private conversation or activity, or (iii) for the purpose of investigating or prosecuting an offence against this section, or (iv) in the course of proceedings for an offence against this Act or the regulations, (b) if the communication or publication is no more than is reasonably necessary in connection with an imminent threat of—(i) serious violence to persons or of substantial damage to property, or (ii) com
Official text (excerpt) · last checked 2026-09-28 · Read the full text in our law library · Verify at legislation.nsw.gov.au
Cited in 14 court opinions in our collectionLatest citing opinion in our collection: 2023
Opinions citing this section in our collection:
- Farm Transparency International Ltd v New South Wales (High Court of Australia 2022, [2022] HCA 23)
- Australian Communications and Media Authority v Today FM (Sydney) Pty Ltd (High Court of Australia 2015, [2015] HCA 7)
- Today FM (Sydney) Pty Ltd v Australian Communications and Media Authority (Full Court of the Federal Court of Australia 2014, [2014] FCAFC 22)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Can You Use a Secret Recording as Evidence in an Australian Court?, Recording Phone Calls in New South Wales, Security Camera and CCTV Laws in New South Wales
s 7Prohibition on installation, use and maintenance of listening devicesIn forcecited in 12 of our articles
(1) A person must not knowingly install, use or cause to be used or maintain a listening device—(a) to overhear, record, monitor or listen to a private conversation to which the person is not a party, or (b) to record a private conversation to which the person is a party. Maximum penalty—500 penalty units (in the case of a corporation) or 100 penalty units or 5 years imprisonment, or both (in any other case). (2) Subsection (1) does not apply to the following—(a) the installation, use or maintenance of a listening device in accordance with a warrant, emergency authorisation, corresponding warrant or corresponding emergency authorisation, (b) the installation, use or maintenance of a listening device in accordance with the Telecommunications (Interception and Access) Act 1979, or any other law, of the Commonwealth, (c) the unintentional hearing of a private conversation by means of a listening device, (d) the use of a listening device to record a refusal to consent to the recording of an interview by a member of the NSW Police Force in connection with the commission of an offence by a person suspected of having committed the offence, (e) the use of a listening device and any
Official text (excerpt) · last checked 2026-09-28 · Read the full text in our law library · Verify at legislation.nsw.gov.au
Cited in 53 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- [2024] NSWCA 51 (NSW Court of Appeal 2024, [2024] NSWCA 51)
- [2022] NSWCCA 222 (NSW Court of Criminal Appeal 2022, [2022] NSWCCA 222)
- [2022] NSWCCA 206 (NSW Court of Criminal Appeal 2022, [2022] NSWCCA 206)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: CCTV and Home Security Camera Laws in Australia (2026), Workplace Recording and Surveillance in New South Wales, Doorbell Camera and Neighbour Privacy Laws in Australia
Surveillance Devices Act 2007 (NT)
s 11Installation, use and maintenance of listening devicesIn forcecited in 10 of our articles
(1) A person is guilty of an offence if the person: (a) installs, uses or maintains a listening device to listen to, monitor or record a private conversation to which the person is not a party; and (b) knows the device is installed, used or maintained without the express or implied consent of each party to the conversation. Maximum penalty: 250 penalty units or imprisonment for 2 years. (2) Subsection (1) does not apply to: (a) the installation, use or maintenance of a listening device under: (i) a warrant, emergency authorisation, corresponding warrant or corresponding emergency authorisation; or (ii) under a law of the Commonwealth; or (b) the use of a listening device by a law enforcement officer or an ICAC officer to monitor or record a private conversation to which the officer is not a party if: (i) at least 1 party to the conversation expressly or impliedly consents to the monitoring or recording; and (ii) the officer is acting in the performance of the officer's duty; and (iii) the officer reasonably believes it is necessary to monitor or record the conversation for the protection of someone's safety; or (ba) the use, in accordance with section 14A, of body-worn video by a
Official text (excerpt) · last checked 2026-09-28 · Read the full text in our law library · Verify at legislation.nt.gov.au
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2022
Opinions citing this section in our collection:
- Farm Transparency International Ltd v New South Wales (High Court of Australia 2022, [2022] HCA 23)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Home Security Cameras and CCTV Law in the Northern Territory, Northern Territory Recording Laws: When You Can Record a Private Conversation (2026), Is It Legal to Record a Conversation in Australia?
Invasion of Privacy Act 1971 (Qld)
s 43Prohibition on use of listening devicesIn forcecited in 10 of our articles
(1) A person is guilty of an offence against this Act if the person uses a listening device to overhear, record, monitor or listen to a private conversation and is liable on conviction on indictment to a maximum penalty of 40 penalty units or imprisonment for 2 years. Note— If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 49A , to have also committed the offence. (2) Subsection (1) does not apply— (a) where the person using the listening device is a party to the private conversation; or (b) to the unintentional hearing of a private conversation by means of a telephone; or (c) to or in relation to the use of any listening device by— (i) an officer employed in the service of the Commonwealth in relation to customs authorised by a warrant under the hand of the Comptroller-General of Customs under the Customs Act 1901 (Cwlth) to use a listening device in the performance of the officer’s duty; or (ii) a person employed in connection with the security of the Commonwealth when acting in the performance of the person’s duty under an Act passed by the Parliament of the Commonwealth relating to the security of the
Official text (excerpt) · last checked 2026-09-28 · Read the full text in our law library · Verify at legislation.qld.gov.au
Also relied on in: Recording Phone Calls in Queensland, Workplace Recording and Surveillance in Queensland, Security Camera and CCTV Laws in Queensland
Surveillance Devices Act 2016 (SA)
s 4Listening devicesIn forcecited in 11 of our articles
(1) Subject to this section and section 6, a person must not knowingly install, use or cause to be used, or maintain, a listening device— (a) to overhear, record, monitor or listen to a private conversation to which the person is not a party; or (b) to record a private conversation to which the person is a party. Maximum penalty: (a) in the case of a body corporate—$75 000; (b) in the case of a natural person—$15 000 or imprisonment for 3 years. (2) Subsection (1) does not apply— (a) to the use of a listening device by a party to a private conversation to record the conversation if— (i) all principal parties to the conversation consent, expressly or impliedly, to the device being so used; or (ii) the use of the device is reasonably necessary for the protection of the lawful interests of that person; or (b) to the installation, use or maintenance of a listening device if— (i) the installation, use or maintenance is authorised under this Act or any other Act or a corresponding law; or (ii) the installation, use or maintenance is authorised under the Telecommunications (Interception and Access) Act 1979, or another law, of the Commonwealth, or (iii) the device is installed
Official text (excerpt) · last checked 2026-09-28 · Read the full text in our law library · Verify at legislation.sa.gov.au
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2022
Opinions citing this section in our collection:
- Farm Transparency International Ltd v New South Wales (High Court of Australia 2022, [2022] HCA 23)
- RRG Nominees Pty Ltd v Visible Temporary Fencing Australia Pty Ltd (No 3) (Federal Court of Australia 2018, [2018] FCA 404)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Home Security Cameras and CCTV Law in South Australia, Recording Colleagues and Managers at Work in South Australia, South Australia Recording Laws: Consent, Lawful Interests and the Public-Interest Exception
Listening Devices Act 1991 (Tas)
s 5Prohibition on use of listening devicesIn forcecited in 6 of our articles
(1) A person shall not use, or cause or permit to be used, a listening device – (a) to record or listen to a private conversation to which the person is not a party; or (b) to record a private conversation to which the person is a party. (2) Subsection (1) does not apply to – (a) the use of a listening device pursuant to a warrant granted under Part 4 ; or (b) the use of a listening device pursuant to an authority granted by or under the Telecommunications (Interception) Act 1979 of the Commonwealth or any other law of the Commonwealth; or (ba) [Section 5 Subsection (2) amended by No. 22 of 2006, Sched. 1, Applied:01 Jan 2009] the use of a surveillance device pursuant to an authority granted by or under the Police Powers (Surveillance Devices) Act 2006 or by or under a corresponding law as defined in section 3 of that Act; or (bb) [Section 5 Subsection (2) amended by No. 18 of 2018, s.
Official text (excerpt) · last checked 2026-09-28 · Read the full text in our law library · Verify at legislation.tas.gov.au
Also relied on in: Drone Privacy Laws in Australia: What CASA Doesn't Cover, Recording the Police in Australia: What the Law Actually Says
Surveillance Devices Act 1999 (Vic)
s 11Prohibition on communication or publication of private conversations or activitiesIn forcecited in 7 of our articles
(1) Subject to subsection (2), a person must not knowingly communicate or publish a record or report of a private conversation or private activity that has been made as a direct or indirect result of the use of a listening device, an optical surveillance device or a tracking device. In the case of a natural person, level 7 imprisonment (2 years maximum) or a level 7 fine (240 penalty units maximum) or both; In the case of a body corporate, 1200 penalty units. (2) Subsection (1) does not apply— (a) to a communication or publication made with the express or implied consent of each party to the private conversation or private activity; or (b) to a communication or publication that is no more than is reasonably necessary— (i) in the public interest; or (ii) for the protection of the lawful interests of the person making it; or (c) to a communication or publication in the course of legal proceedings or disciplinary proceedings; or (ca) to a communication or publication of protected information; or (d) to a communication or publication made by a law enforcement officer— (i) to a person authorised by the chief officer of the law enforcement agency and for the purpose of investiga
Official text (excerpt) · last checked 2026-09-28 · Read the full text in our law library · Verify at legislation.vic.gov.au
Also relied on in: Recording Phone Calls in Victoria, Security Camera and CCTV Laws in Victoria, Workplace Recording and Surveillance in Victoria
s 6Regulation of installation, use and maintenance of listening devicesIn forcecited in 11 of our articles
(1) Subject to subsection (2), a person must not knowingly install, use or maintain a listening device to overhear, record, monitor or listen to a private conversation to which the person is not a party, without the express or implied consent of each party to the conversation. In the case of a natural person, level 7 imprisonment (2 years maximum) or a level 7 fine (240 penalty units maximum) or both; In the case of a body corporate, 1200 penalty units. (2) Subsection (1) does not apply to— (a) the installation, use or maintenance of a listening device in accordance with a warrant, emergency authorisation, corresponding warrant or corresponding emergency authorisation; or (b) the installation, use or maintenance of a listening device in accordance with a law of the Commonwealth; or (c) the use of a listening device by a law enforcement officer to monitor or record a private conversation to which he or she is not a party if— (i) at least one party to the conversation consents to the monitoring or recording; and (ii) the law enforcement officer is acting in the course of his or her duty; and (iii) the law enforcement officer reasonably believes that it is necessary to monitor
Official text (excerpt) · last checked 2026-09-28 · Read the full text in our law library · Verify at legislation.vic.gov.au
Also relied on in: Workplace Surveillance and Monitoring in Australia, Victoria Recording Laws: When You Can Record a Private Conversation (2026), Australia Recording Laws: State-by-State Rules and Penalties (2026)
Surveillance Devices Act 1998 (WA)
s 5Regulation of use, installation and maintenance of listening devicesIn forcecited in 10 of our articles
(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.
Official text (excerpt) · last checked 2026-09-28 · Read the full text in our law library · Verify at legislation.wa.gov.au
Cited in 5 court opinions in our collectionLatest citing opinion in our collection: 2023
Opinions citing this section in our collection:
- Farm Transparency International Ltd v New South Wales (High Court of Australia 2022, [2022] HCA 23)
- Jones v Chief of Navy (Full Court of the Federal Court of Australia 2012, [2012] FCAFC 125)
- Metz Holdings Pty Ltd v Simmac Pty Ltd (No 1) (Federal Court of Australia 2011, [2011] FCA 263)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Home Security Cameras and CCTV Law in Western Australia, Recording Phone Calls in Western Australia: What the Law Requires, Recording Colleagues and Managers at Work in Western Australia
Telecommunications (Interception and Access) Act 1979
s 6Interception of a communicationIn forcecited in 6 of our articles
(1) For the purposes of this Act (other than Schedule 1), but subject to this section, interception of a communication passing over a telecommunications system 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. Communications to or from emergency service facilities (2A) An emergency service facility is premises that are declared by the Minister, by written instrument, to be an emergency service facility. (2B) The Minister may declare premises to be an emergency service facility if the Minister is satisfied that the premises are operated by: (a) a police force or service of the Commonwealth, of a State or of the Australian Capital Territory; or (b) a fire service of a State or of the Australian Capital Territory; or (c) an ambulance service of a State or of the Australian Capital Territory; or (d) a service for despatching, or referring matters for the attention of, a force or service referred to in paragraph (a), (b) or (c); to enable that force or service, or another force or service, to deal with a request for assistance in an emergency.
Official text (excerpt) · last checked 2026-09-28 · Read the full text in our law library · Verify at legislation.gov.au
Cited in 3 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- [2017] NSWSC 1483 (Supreme Court of New South Wales 2017, [2017] NSWSC 1483)
- [2024] NSWSC 975 (Supreme Court of New South Wales 2024, [2024] NSWSC 975)
- Voxson Pty Ltd v Telstra Corporation Limited (No 10) (Federal Court of Australia 2018, [2018] FCA 376)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
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Sources and References
- Telecommunications (Interception and Access) Act 1979 (Cth) s 6(1), definition of interception(austlii.edu.au)
- Surveillance Devices Act 1999 (Vic) s 6, listening devices offence and participant scope(austlii.edu.au)
- Surveillance Devices Act 1999 (Vic) s 11, publication offence(austlii.edu.au)
- Invasion of Privacy Act 1971 (Qld) ss 43-45, listening device and publication offences(legislation.qld.gov.au).gov
- Surveillance Devices Act 2007 (NT) s 11, listening devices offence(legislation.nt.gov.au).gov
- Surveillance Devices Act 2007 (NSW) s 7, listening devices offence and personal-use exception(austlii.edu.au)
- Surveillance Devices Act 2007 (NSW) s 11, publication offence(austlii.edu.au)
- Listening Devices Act 1991 (Tas) s 5, prohibition and personal-use exception(legislation.tas.gov.au).gov
- Listening Devices Act 1992 (ACT) s 4, prohibition and personal-use exception(legislation.act.gov.au).gov
- Surveillance Devices Act 1998 (WA) s 5, prohibition and lawful-interests exception(austlii.edu.au)
- Surveillance Devices Act 2016 (SA) ss 4 and 6, prohibition, lawful-interests and public-interest exceptions(legislation.sa.gov.au).gov