Ever wondered whether it is legal to record a private conversation in New South Wales?
Under section 7 of the Surveillance Devices Act 2007, it is an offence punishable by up to 5 years in prison to knowingly install, use or cause to be used a listening device such as a mobile phone or other recording, listening or monitoring device to overhear, record, monitor or listen to a private conversation which you are not part of.
The same penalty applies to private conversations you are part of if any other party does not agree to the recording and would reasonably expect privacy.
There are two main exceptions to this rule:
1. Where you have a valid listening device warrant or other lawful authorisation, and
2. Where you a party to the conversation and the recording is necessary to protect your lawful interests.