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216B: Prohibition on use of interception devices
or “You can get in trouble for listening in on other people's private talks without permission.”
You could also call this:

“You can get in trouble for sharing private messages that were secretly recorded without permission.”

You are not allowed to share private communications that someone has intercepted illegally. If you know that a private communication was intercepted against the law, and you intentionally tell others about it or even mention that it exists, you could go to prison for up to 2 years.

However, there are some situations where you can share this information:

  1. If you have permission from someone who was part of the communication.
  2. If you’re helping the police investigate someone for illegally intercepting or sharing private communications.
  3. If you’re giving evidence in court about the illegal interception or sharing of private communications.
  4. If you’re giving evidence in another type of court case where this information is allowed.
  5. If you’re trying to figure out whether you can use this information in a court case.

Remember, it’s important to respect people’s privacy and follow the law.

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Next up: 216D: Prohibition on dealing, etc, with interception devices

or “You can get in trouble for selling or giving someone a device that secretly listens to private conversations.”
Next

Part 9A Crimes against personal privacy

216CProhibition on disclosure of private communications unlawfully intercepted

  1. Subject to subsection (2), where a private communication has been intercepted in contravention of section 216B, every one is liable to imprisonment for a term not exceeding 2 years who intentionally—

  2. discloses the private communication, or the substance, meaning, or purport of the communication, or any part of it; or
    1. discloses the existence of the private communication,—
        1. if he or she knows that it has come to his or her knowledge as a direct or indirect result of a contravention of section 216B.

      1. Subsection (1) does not apply where the disclosure is made—

      2. to a party to the communication, or with the express or implied consent of such a party; or
        1. in the course, or for the purpose, of—
          1. an investigation by the Police into an alleged offence against this section or section 216B; or
            1. giving evidence in any civil or criminal proceedings relating to the unlawful interception of a private communication by means of an interception device or the unlawful disclosure of a private communication unlawfully intercepted by that means; or
              1. giving evidence in any other civil or criminal proceeding where that evidence is not rendered inadmissible by the Evidence Act 2006 or section 25 of the Misuse of Drugs Amendment Act 1978 or any other enactment or rule of law; or
                1. determining whether the disclosure is admissible in any civil or criminal proceedings.

                Notes
                • Section 216C: inserted, on , by section 2 of the Crimes Amendment Act 1979 (1979 No 5).
                • Section 216C(2)(b)(ii): amended, on , by section 11 of the Crimes Amendment Act 2003 (2003 No 39).
                • Section 216C(2)(b)(iii): amended, on , by section 216 of the Evidence Act 2006 (2006 No 69).