Tasmania Recording Laws

Tasmania Recording Laws

Tasmania’s Listening Devices Act 1991 states that it is illegal to use a listening device (e.g. voice recorder) to record or listen to a private conversation regardless of whether or not you’re taking part in the conversation, unless:

  • A party to the conversation receives express or implied consent to record from all parties to the conversation.
  • A party to the conversation consents to the recording and the recording:
    • Is reasonably necessary for the protection of the lawful interests of that party.
    • Is not made for the purpose of communicating or publishing the conversation, or contents of the conversation to persons who are not parties to the conversation.
  • The recording is done to obtain evidence or information concerning an imminent threat of serious violence to persons or of substantial damage to property; or a serious narcotics offence.

Tasmania Video Recording Laws

The state’s laws do not directly address video recording laws; this means that the rules will fall under the much stricter audio recording laws outlined above. Accordingly, unless you are in a public place with no expectation of privacy you will need to gain the consent of all parties in order to video record. However, you are allowed to video record in places with no expectation of privacy, such as a public park, street, or building.

Tasmania Publishing Laws

In Tasmania, it is illegal to publish, communicate or submit a report of an unlawfully recorded conversation unless the communication or publication:

  • Is made to a party to the private conversation.
  • Is made with express or implied consent of all parties to the conversation.
  • Is made in the course of proceedings for an offence against the state’s recording laws.
  • Is reasonably necessary because the conversation relates to an imminent threat of serious violence to persons or of substantial damage to property; or a serious narcotics offence.

Keep in mind that recording conversations with video recording devices that can record audio may be considered illegal since they are capable of capturing private conversations.

Are Unlawfully Recorded Conversations Inadmissible in Court in Tasmania?

Evidence obtained from illegally recorded private conversations cannot be given in any court proceedings unless:

  • All the parties to the conversation consent to the evidence being given in court.
  • The evidence is given in proceedings concerning Tasmania recording laws.

Tasmania Recording Laws Penalties

Violating Tasmania recording laws is punishable by:

  • A fine not exceeding 40 penalty units or imprisonment for a term not exceeding 2 years, or both.
  • In the case of a corporation, a fine not exceeding 500 penalty units.

Other Australian Laws