Listening Devices Act 1978 (WA)

Western Australia

This Act was repealed by the Surveillance Devices Act 1998 s. 45(1) (No. 56 of 1998) as at 22 Nov 1999 (see s. 2 and Gazette 22 Nov 1999 p. 5843).

Western Australia

Listening Devices Act 1978

An Act to regulate the Use of Listening Devices and for incidental and other purposes.

Be it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows: — 

This Act may be cited as the Listening Devices Act 1978.

This Act shall come into operation on a date to be fixed by proclamation.

In this Act, unless the contrary intention appears — 

“A-CC” means the Anti-Corruption Commission established under the Anti-Corruption Commission Act 1988;

“ACC officer” means an officer or other employee appointed under section 6 (1) of the Anti-Corruption Commission Act 1988;

“listening device” means any electronic or mechanical instrument, apparatus, equipment, or other device capable of being used to overhear, record, monitor or listen to a private conversation or words spoken to or by any person in private conversation;

“officer of Customs” means an officer of Customs within the meaning of — 

• (a)

  the Customs Act 1901 of the Parliament of the Commonwealth; or

• (b)

  any Act in substitution for that Act,

as amended from time to time;

“private conversation” means any conversation carried on in such circumstances as may reasonably indicate that the parties to the conversation desire it to be confined to those parties, but does not include a conversation made in any circumstances in which the parties to the conversation ought reasonably to expect that the conversation may be overheard.

[Section 3 amended by No. 31 of 1996 s.4.]

• (1)

  A person shall not — 

  • (a)

    use any listening device to overhear, record, monitor or listen to any private conversation to which he is not a party; or

  • (b)

    except in the course of any legal proceedings or in accordance with the provisions of subsection (2) of this section, communicate or publish the substance or meaning of…