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14-Jun-2018 01:30

In the Northern Territory, knowingly recording a private activity or conversation with an optical or audio device is an offence under ss 11 and 12 of the (NT).

The definitions of private activities and conversations are in similar terms to the Western Australian legislation and are just as wide.

Section 11(1) of the Act also prohibits the publication of any recorded private conversations or their content.

This includes simply telling another person about the conversation without consent from the parties to the conversation, even if the conversation was directly recorded by someone else.

Again, most film cameras or other video recording devices which can also record sound fall within the definition of ‘listening device’ in the Act’s Dictionary.

The intentional recording of private conversations is prohibited under s 4 of the Act, and communication or publication of material obtained from such a recording is prohibited under ss 5 and 6.

It is therefore unlikely that the recording of outdoor activities occurring in public spaces is prohibited under the Act, but it is worth bearing in mind the nature of the surroundings and whether they could give rise to an expectation of privacy.

As in other jurisdictions, the publication of information obtained from recordings of private activities or conversations without the consent of parties to the activity or conversation is prohibited under s 9 of the Act.

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Like Victoria, in Western Australia the optical or audio recording of a private activity or conversation is prohibited under ss 5(1) and 6(1) of the (WA).

The communication or publication of any material obtained from an optical or audio recording of a private activity or conversation is an offence under s 15 of the Act.

Similarly, only audio recording devices are regulated in the ACT under the (ACT).

However, it is worth keeping in mind, particularly when filming in an indoor public space.

It should also be noted that the definition of ‘building’ in s 3 of the Act is very wide, and includes ‘any structure’.Even mere possession of a private conversation recording is an offence under s 7.

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