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ARTICLE · 22 MARCH 2022

Is it legal to record a phone call in Australia?

When is it legal to record a phone call? What is a listening device? Why record? Evidence? Defences.

AustraliaPrivacy

In Australia, it is against the law to record a private conversation without the consent of the other person.

The Telecommunications Interception and Access Act 1979 makes it an offence to listen to a live phone call or call recording without the permission of one or both of the parties involved.

It does not matter how you record the conversation. This includes tapping a phone line, using an app to record phone calls on a mobile phone, or using a call recorder device.

Depending on the specific jurisdiction, there are exceptions to this general rule. There are also different pieces of legislation that apply in different states and territories.

However, generally speaking, if you covertly use a listening device (such as a mobile phone) and publish or distribute that material, you can be committing a criminal offence.

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