Section 312M — Crimes Act 1961: Inadmissibility of evidence of private communications unlawfully intercepted

312M Inadmissibility of evidence of private communications unlawfully intercepted (1) Subject to subsections (2) to (4) of this section, where a private communication intercepted by means of an interception device otherwise than in pursuance of an interception warrant or emergency permit issued under this Part of this Act or of any authority conferred by or under any other enactment has come to the knowledge of a person as a direct or indirect result of that interception or its disclosure, no evidence so acquired of that communication, or of its substance, meaning, or purport, and no other evidence obtained as a direct or indirect result of the interception or disclosure of that communication, shall be given against any person, except in 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 in that manner. (2) Even though certain evidence is inadmissible in criminal proceedings by virtue of subsection (1) , a Court may admit that evidence if the following conditions are satisfied: (a) The proceedings are for— (i) A specified offence, or a conspiracy to commit a specified offence; or (ii) A serious violent offence, or a conspiracy to commit such an offence; and (b) The evidence is relevant; and (c) The evidence is inadmissible by virtue of subsection (1) merely because of a defect in form, or an irregularity in procedure, in— (i) The application for or the granting of the interception warrant or emergency permit; or (ii) The manner in which the evidence was obtained; and (d) The defect in form or irregularity in procedure— (i) Was not substantive; and (ii) Was not the result of bad faith. (3) Subsection (1) of this section shall not render inadmissible against any party to a private communication evidence of that communication that has, in the manner referred to in that subsection, come to the knowledge of the person called to give evidence, if all the parties to the communication consent to that person giving the evidence. (4) Subsection (1) of this section shall not render inadmissible evidence of a private communication by any person who intercepted that communication by means of an interception device with the prior consent of any party to the communication. Part 11A, comprising sections 312A to 312Q, was inserted, as from 1 August 1987, by section 4 Crimes Amendment Act (No 2) 1987 (1987 No 167). Section 312M was amended, as from 1 October 2003, by section 29 Crimes Amendment Act 2003 (2003 No 39) by substituting the words “ an interception device ” for the words “ a listening device ” wherever they appear. Subsection (2) was substituted, as from 1 February 1998, by section 18 Crimes Amendment Act (No 2) 1997 (1997 No 93).