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Queensland Recording Laws

Queensland Recording Laws

In Queensland, It is against the law to record a private conversation in which you are not a participant. The law allows any person who is involved in a private conversation to record the conversation without seeking consent from other parties to the conversation.

Invasion of Privacy Act 1971

Queensland Publishing Laws

In Queensland, it is illegal to publish or disclose a recording or the contents of a private conversation regardless of whether or not you are a party to the conversation. However, exceptions apply when:

  • The publication or disclosure is made to a party to the conversation or with the express or implied content of all parties to the conversation.
  • The publication or disclosure of the conversation is made during court proceedings.
  • The publication or disclosure is reasonably necessary:
  • In the public interest.
  • in the performance of a duty of the person making the communication or publication.
  • for the protection of the lawful interests of the person who is a party to the conversation.

Can illegally obtained Recordings of Private Conversations be used in Court?

The law in Queensland prohibits persons who have directly or indirectly obtained knowledge about an illegally recorded private conversation from using that knowledge in any civil or criminal proceedings.

Exceptions to these apply when:

  • A party to the conversation consents to the conversation being used as evidence.
  • The evidence is given in any proceedings for an offence against the Invasion of Privacy Act 1971.

Queensland Video Recording Laws

In Queensland, the Criminal Code Act 1899 addresses video recording laws. According to Section 227A of the act, it is illegal to observe or visually record another person in circumstances where they would expect a reasonable expectation of privacy without that person’s consent and when the person:

  • Is in a private place, e.g. bedroom, toilet, bathroom, changing room
  • Is engaging in intimate activity and the recording is made for the purpose of observing or recording such intimate activity.

You may record anything that is set in a public setting where there is no expectation of privacy.

Queensland Recording Laws Penalties

  • Violating Queensland’s audio recording and publishing laws is punishable by a maximum penalty of 40 penalty units or imprisonment for 2 years.
  • Violating Queensland’s video recording laws is a misdemeanor punishable by a maximum penalty of 3 years imprisonment.

Other Australian Laws