So,
Q: Can you record in a court (in Victoria, Australia)?
A: Short answer, Yes.
Explanation:
Listening
Devices Act 1969
Version No. 011
Act No. 7804/1969
Version incorporating amendments as at 1 July 1997
Section
4. Prohibition
on use of a listening device
(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
sub-
section (2) communicate or publish the
substance or meaning of any private
conversation overheard recorded monitored
or listened to by the use of any listening
device, whether he was a party thereto or
not—
without the consent express or
implied of the
parties to the private
conversation.
Penalty:
(a) if the person is a
corporation—500 penalty
units;
(b) in any other case—40 penalty
units or
imprisonment for a term of 2 years or
both.
(2)
Notwithstanding anything in paragraph (b) of sub-
section (1) it is not an offence for a
person who
was a party to a private conversation to
communicate or publish the substance or
meaning
of the private conversation which he has
recorded
by means of a listening device if the
communication or publication is no more
than is
reasonably necessary in the public
interest or in
the course of his duty or for the
protection of his
lawful
interests. Comment to the above mentioned content in the Act:
- A court is a place 'in the public interest'.
- You are protecting your 'lawful interests'.
No comments:
Post a Comment