Crimes Act 1961

216C Prohibition on disclosure of private communications unlawfully intercepted

• (1) Subject to subsection (2), where a private communication has been intercepted in contravention of section 216B, every one is liable to imprisonment for a term not exceeding 2 years who intentionally—

  • (a) discloses the private communication, or the substance, meaning, or purport of the communication, or any part of it; or

  • (b) discloses the existence of the private communication,—

  if he knows that it has come to his knowledge as a direct or indirect result of a contravention of section 216B.

  (2) Subsection (1) does not apply where the disclosure is made—

  • (a) to a party to the communication or with the express or implied consent of such a party; or

  • (b) in the course, or for the purpose, of—

    • (i) an investigation by the Police into an alleged offence against this section or section 216B; or

    • (ii) giving evidence in any civil or criminal proceedings relating to the unlawful interception of a private communication by means of an interception device or the unlawful disclosure of a private communication unlawfully intercepted by that means; or

    • (iii) giving evidence in any other civil or criminal proceeding where that evidence is not rendered inadmissible by the Evidence Act 2006 or section 25 of the Misuse of Drugs Amendment Act 1978 or any other enactment or rule of law; or

    • (iv) determining whether the disclosure is admissible in any civil or criminal proceedings.

  Section 216C: inserted, on 6 August 1979, by section 2 of the Crimes Amendment Act 1979 (1979 No 5).

  Section 216C(2)(b)(ii): amended, on 1 October 2003, by section 11 of the Crimes Amendment Act 2003 (2003 No 39).

  Section 216C(2)(b)(iii): amended, on 1 August 2007, by section 216 of the Evidence Act 2006 (2006 No 69).