Queensland Invasion of Privacy Act 1971
Law. Placed at Queensland. Read 30 Sep 2026; 3 provisions cited by the planner.
What does Queensland Invasion of Privacy Act 1971 require?
A person must not use a listening device to overhear, record, monitor or listen to a private conversation unless the person is a party to it (s 43(2)(a)), which includes someone acting with the express or implied consent of one of the speakers (s 42(2)(b)). Also cited: s 45(1), a party who records a private conversation must not publish the recording except as s 45(2) allows; s 44(1), do not communicate or publish a private conversation obtained through outside the Act use of a listening device.
Qld IPA s 43(1)Do not use a listening device on a private conversation unless you are a party to it A person must not use a listening device to overhear, record, monitor or listen to a private conversation unless the person is a party to it (s 43(2)(a)), which includes someone acting with the express or implied consent of one of the speakers (s 42(2)(b)). An employer or its staff may therefore record conversations they take part in, or that a participant consents to, but may not use devices to listen to or record employees' or others' private conversations without a participant's consent. Other exceptions: unintentional hearing by telephone, authorised customs and Commonwealth security officers, police and others authorised by an Act, and government network radios activated by public safety communications centres in duress or safety situations. Penalty: on indictment, 40 penalty units or 2 years' imprisonment; executive officers of a corporation may also be liable (s 49A).
Qld IPA s 45(1)A party who records a private conversation must not publish the recording except as s 45(2) allows A person who was a party to a private conversation and used a listening device to record, overhear, monitor or listen to it must not communicate or publish to anyone else a record of it made by the device, or a statement prepared from such a record, unless the communication or publication is to another party or with the express or implied consent of all other parties who spoke or were spoken to; is made in legal proceedings (civil or criminal, before any court, tribunal or person taking evidence); is no more than reasonably necessary in the public interest, in performing a duty, or to protect the person's lawful interests; is to a person with, or reasonably believed to have, an interest making it reasonable; or is by an authorised officer under s 43(2)(c) or (d). Penalty: on indictment, 40 penalty units or 2 years' imprisonment.
Qld IPA s 44(1)Do not communicate or publish a private conversation obtained through outside the Act use of a listening device A person must not communicate or publish to anyone a private conversation, or a report of its substance, meaning or purport, that has come to the person's knowledge directly or indirectly through a listening device used in breach of s 43. It is permitted to communicate it to a party or with the express or implied consent of a party, or in proceedings for an offence against Part 4, and a person who also learned of it lawfully is not barred. Penalty: on indictment, 40 penalty units or 2 years' imprisonment.