South Australia Recording Laws
In South Australia, it is illegal to use any listening device to record or listen to a private conversation regardless of whether or not you are a party to the conversation without the express or implied consent of all the parties to the conversation, according to Surveillance Devices Act 2016.
Exceptions apply if:
- A party to the conversation seeks express or implied consent from all parties to the conversation before recording.
- A party to the conversation makes the recording and the recording is reasonably necessary for the protection of lawful interests of that person.
- An owner or occupier of a premises or owner of a vehicle agrees to the use of a recording device in the premises.
- The use of the recording in a premises or a vehicle is reasonably necessary for the protection of the lawful interests of the owner or occupier of the premises or vehicle or another person.
South Australia Video Recording Laws
It is illegal to install or use an optical surveillance device (video recording device) in or on a premises, vehicle or any other thing (regardless of whether or not you legally own the premises, vehicle or thing) to record or observe somewhere where a reasonable expectation of privacy exists.
This means that you can film public areas such as parks, buildings, and streets without gaining the consent of all parties.
South Australia Public Interest Caveat
South Australia has a caveat that allows the installation and use of a listening device or video recording device to record private conversations and activities if the recording is in the public interest.
South Australia Publishing Laws
It is illegal to communicate or publish information or material obtained through the use of listening devices or video recording devices unless the communication or publication is made:
- to a person who was party to the private conversation or activity which was recorded.
- with the consent of all parties to the conversation or activity.
- for the purposes of a relevant investigation or a relevant proceeding relating to violation of South Australia recording laws.
South Australia Recording Laws Penalties
The penalties for violating South Australia recording laws are:
- $75 000 in the case of a body corporate.
- $15 000 or imprisonment for 3 years in the case of a natural person.
Other Australian Laws