Listening Devices Act 1991 (Tas)

Listening Devices Act 1991

An Act to regulate the use of certain devices capable of being used for listening to private conversations [Royal Assent 31 July 1991]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1. Short title This Act may be cited as the Listening Devices Act 1991 .

2. Commencement This Act commences on a day to be proclaimed.

3. Interpretation (1) In this Act, unless the contrary intention appears – listen to includes hear; listening device means any instrument, apparatus, equipment or device capable of being used to record or listen to a private conversation simultaneously with its taking place; party, in relation to a private conversation, means – (a) a person by or to whom words are spoken in the course of the conversation; or (b) a person who, with the consent, express or implied, of any of the persons by or to whom words are spoken in the course of the conversation, records or listens to those words; personal camera has the same meaning as in the Police Powers (Surveillance Devices) Act 2006 ; principal party, in relation to a private conversation, means a person by or to whom words are spoken in the course of the conversation; private conversation means any words spoken by one person to another person or to other persons in circumstances that may reasonably be taken to indicate that any of those persons desires the words to be listened to only – (a) by themselves; or (b) by themselves and by some other person who has the consent, express or implied, of all those persons to do so; regulations means the regulations made and in force under this Act; serious narcotics offence means an offence under Part 2 of the Misuse of Drugs Act 2001 , but does not include an offence which is declared by the regulations not to be a serious narcotics offence within the meaning of this Act. (2) A reference in this Act to a listening device does not include a reference to a hearing aid or similar device used by a person with impaired hearing to overcome the impairment and to permit the person to hear only sounds ordinarily audible to the human ear. (3) A reference in this Act to – (a) a report of a private conversation includes a reference to a report of the substance, meaning or purport of the conversation; or (b) a record of a private conversation includes a reference to a statement prepared from such a record.