Devicetrackingstore.com.au are not qualified legal experts or make representations as being legally qualified.  We recommend that you seek professional advice in respect to anything you wish to do with the tracking apps or ask the third party service provider directly for which we are affiliate sellers only.

The applications here are always presented on the basis that anyone with the application installed on their mobile cell phones is fully aware of the application being present and what data is being monitored and why this monitoring is taking place.  We also suggest the user of the device that is being tracked has full control over the application with the ability to turn off the application if the user so desires for privacy. 

Our purpose for promotion is for personal tracking of ones cell phone, employee monitoring for efficient service delivery ie. locating employee vehicles out in the field and/or monitoring of loved ones including recording of social media usage.  At all times we stress that the people are to be fully informed about how the device works, what features of the cell phone tracking applications are being used etc.  We advise not to engage in convert monitoring, however, as we are affiliates and cannot monitor individuals usage of the applications after payment is made to the third party provider for whom we are affiliates.

AUSTRALIAN LAW in respect of listening to phone calls and tracking someone or someones mobile telephone.

Like most of the laws in Australia there are very strict laws in respect of phone spying and tapping.  The laws in Australia prohibit or restrict convert recording of peoples conversations whether they are by telephone or other means to do so.  The laws apply throughout Australia as federal legislation and prohibits the interception ie. tapping, bugging of persons telephone calls and conversations on their handsets (or surrounds).  On the face of it, there appears to be no prohibition of recording of telephone calls by means of a tape recorder that is placed nearby a telephone.  Nevertheless, because of certain ambiguities as we read it, the consent of all parties to the phone conversation should be obtained before any form of recording is made.

What are the States in Australia where the phone tapping and listening laws apply?

In every State and Territory in Australia, the laws usually prohibit the use of a listening device to record private conversations or eavesdrop and this includes the old term “being wired” or having a wire on oneself.

There were articles online pointing to differences in some states between that of Victoria, Queensland, Western Australia and the Northern Territory compared with the legislation in New South Wales, Tasmania and Australian Capital Territory.

In South Australia, recordings of conversations are unlawful unless it is in the course of your duty, the `public interest’ defence applies, or it is for the protection of your lawful interests. ‘Lawful interests’ is open to some interpretation of course.

The question though raises whether even if you could record a conversation, whether it would be illegal to replay the material for publication without the consent of all the parties to the conversation.   If you were a party to the conversation, there is a limited `public interest’ defence in Victoria, Western Australia, Queensland, South Australia and the Northern Territory, but its availability to the media is likely to be constrained by the usual suspicion shown by the courts to media `public interest’ claims.

In all cases where use of a covert recording is being considered, you should really discuss what you propose with a lawyer as the penalties for illegally recording or publishing interviews and conversations are quite severe in all States of Australia and include heavy fines and/or imprisonment.

You may also be interested to read the following laws in respect of the following and please be aware, we have no legal qualifications and cannot advise the currency of these Acts below.

Useful Links on privacy, recording conversations:

  1. Federal Privacy Act 1988 (Cth)
  2. Information and privacy Commission of NSW – Office
  3. Surveillance Devices Act 2007 - New South Wales – essentially makes it a criminal offence for a person to record or listen to a private conversation that they are not a party to, or to record a private conversation to which they are a party without the other person’s consent.
  4. Telecommunications and Interception Act – 1979 – Commonwealth of Australia legislation which essentially says:  you may not listen or record conversation passing through a telecommunication device, be that a phone or device that transmits through radio frequency, irrespective whether the communication is between two independent persons or yourself and an independent person.
  5. Telecommunications (Interception and Access) Act 1979
  6. Surveillance Devices Act 2004
  7. Office of the Australian Information commissioner – Are there rules about recording or monitoring my telephone conversations?
  8. Whirlpool discussion forums – click here – on topic  “Is it legal to record a phone call?”

If you live outside Australia eg. New Zealand or any other country for that matter, again, we recommend you seek specific legal advice.  You may be interested in this link about telephone monitoring laws on Wikipedia – here.

 

 

Additional sources: Investigateway.com.au