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Note that a device is considered a listening device even if it is also capable of recording or transmitting a visual image (example: a video camera), or recording or transmitting its own position.
Generally, it is an offence to knowingly install, use or cause to be used, or maintain a listening device to record a private conversation, whether or not the person is a party to that private conversation.
Most relevantly in this context, communication or publication is allowed if it is no more than is reasonably necessary in connection with an imminent threat of serious violence to persons or of substantial damage to property.
A private conversation or recordings of activities can be shared if it was obtained in such a manner that does not constitute a contravention against this Act. Generally, it is an offence for a person to possess a record of a private conversation or the carrying on of an activity if they know that it has been obtained directly or indirectly by the use of a listening device, optical surveillance device, or tracking device in contravention of sections 7, 8, or 9 of this Act.
While domestic violence can happen in many circumstances (including in non-heterosexual relationships), in the vast majority of reported domestic violence cases men are the perpetrators and women the victims.
One exception is if the principal parties to the private conversation or the persons who took party in the activity consent to the person possessing a record of the private conversation or activity.
Another exception is if the person possesses the record as a consequence the record being shared with that person in a manner that is not in contravention of section 11. A person must not publish, or communicate to any person, any information regarding the input of information into, or the output of information from, a computer obtained as a direct or indirect result of the use of a data surveillance device in contravention of this Part.
A ‘device’ includes instruments, apparatus and equipment.
See section 4 of the Act for definitions of terms used in the Act.
There is no case law or commentary about what the court considers a ‘lawful purpose’ to be.