Recording Phone Calls in Tasmania: What the Law Requires

Recording your own phone call in Tasmania is governed by state law, not the federal wiretapping statute most people assume applies. Section 5 of the Listening Devices Act 1991 (Tas) prohibits recording a call you are part of unless you meet one of two independent exceptions, and for most personal calls, simply keeping the recording private is enough.

Can You Record Your Own Phone Call in Tasmania?

Usually yes, if you keep it private. Section 5(1)(b) of the Listening Devices Act 1991 (Tas) prohibits recording a private conversation you are a party to, and a phone call ordinarily meets that definition. Section 5(3) then excuses the recording if every principal party consents, or if you consent and either the recording is reasonably necessary to protect your own lawful interests, or, as an independent alternative, the recording 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 Tasmania under the Listening Devices Act 1991 (Tas) 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 Tasmania's general recording rules, see Tasmania 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 serious federal offence to intercept a communication passing over a telecommunications system without the knowledge of the person making it. Under sections 5F and 5H, a call stops passing over the system once it becomes accessible to the person it is sent to, so a participant recording the call at their own handset is generally not intercepting it. That distinction matters: it is generally the state Act, not the federal TIA Act, that governs whether you can record your own phone call. The federal Act becomes the operative framework when someone other than a party to the call taps the line itself, a different and more serious kind of conduct addressed elsewhere in the TIA Act.

The State Layer: Section 5 and the Two Paths

Once the TIA Act is set aside, Tasmania's own Act governs. Section 5(3) offers a participant two independent ways to lawfully record their own call. The first path, consent from every principal party, is straightforward. The second path applies where only you consent, and it splits again: the recording is lawful if it protects your own lawful interests (for example, documenting a threatening or harassing caller), 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 Tasmanian resident who records a call purely to keep an accurate private record, with no plan to circulate it, does not need to show any lawful interest at all.

Notifying the Other Person: What Counts as Consent

Consent under section 5(3)(a) can be express or implied. Express consent means the other party clearly agrees, in words, to being recorded. Implied consent arises where a person was genuinely aware that recording was occurring and chose to continue the call regardless.

For personal calls: telling the other person plainly, at the start of the call, that you intend to record it removes any doubt. But because the no-publication basis exists independently of consent, a Tasmanian caller who simply wants a private record does not strictly need to say anything, provided the recording is genuinely kept private.

For businesses recording customer calls: an automated message stating that the call is being recorded, played before the customer discusses their matter, is the standard approach. If the customer continues after hearing the notice, that generally establishes implied consent. If a customer objects, the recording should stop.

Sharing a Recorded Call Is a Separate Offence

Making a lawful recording of a phone call does not automatically mean you can share it. Section 9 of the Listening Devices Act 1991 makes it an offence to knowingly communicate or publish a private conversation obtained through unlawful use of a listening device, and section 10 goes further, restricting even a lawfully recorded conversation from being freely published without meeting a further condition, such as the consent of the parties or a genuine need to protect a lawful interest. A person who records a threatening call under the no-publication basis, precisely because they did not intend to share it, loses that basis the moment they do share it, and the sharing itself can be a fresh offence under ss.9 and 10, carrying the same maximum penalties as the original unlawful recording: 40 penalty units or two years imprisonment for an individual, 500 penalty units for a corporation.

Cross-Border and Interstate Calls

If you are calling someone interstate, your own conduct in Tasmania is still governed by Tasmanian law, and the other party's conduct is governed by the law of wherever they are. A Tasmanian resident cannot rely on a more permissive rule that might apply to the other party in, for example, Victoria or Queensland, where a participant is outside the offence entirely. The general principle is that the stricter law governs the person acting in the stricter jurisdiction, so the safest approach for a call involving a Tasmanian participant is to assume Tasmania's rule applies to that end of the conversation.

Disclaimer: This article presents general legal information about phone call recording law in Tasmania. It does not constitute legal advice. The information covers the Listening Devices Act 1991 (Tas) 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 Tasmania or the relevant Australian state or territory.

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

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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 Tasmania without telling the other person?

Often yes, if you keep the recording for your own reference. Section 5(3)(b)(ii) of the Listening Devices Act 1991 (Tas) 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 show the recording to someone else, you instead need consent or a genuine lawful-interests justification, punishable up to 40 penalty units or 2 years imprisonment if neither applies.

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

Usually not. The Telecommunications (Interception and Access) Act 1979 (Cth) targets interception of a communication while it is still passing over a telecommunications system, without the knowledge of the person making it. Under sections 5F and 5H a call stops passing over the system once it is accessible to the intended recipient, so a participant recording at their own handset is generally outside the federal interception offence, and Tasmania's Listening Devices Act 1991 governs the question.

Can I record a threatening phone call for evidence in Tasmania?

Potentially, under the lawful-interests basis in s.5(3)(b)(i) of the Listening Devices Act 1991 (Tas), which covers a recording reasonably necessary to protect your own lawful interests, such as documenting a genuine threat. Even without that basis, the recording may still be lawful under the separate no-publication basis if you do not intend to share it.

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

Not automatically. Sections 9 and 10 of the Listening Devices Act 1991 (Tas) separately restrict communicating or publishing a recording, even one lawfully made. A recording that was lawful only because you did not intend to share it loses that specific basis once you do share it, so check whether the lawful-interests basis or a further exception applies before forwarding it.

Can a business record customer service calls in Tasmania?

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.5(3)(a) of the Listening Devices Act 1991 (Tas). If a customer objects, the recording should stop.