Invasion of Privacy Act 1971 is a law which exercises license and control over credit reporting agents and also the use of various listening devices for several purposes. According to the law, listening device means any device, equipment, apparatus or instrument, being used to listen, monitor, record or overhear private conversations. On the other hand, private conversation means words spoken by an individual to other person under conditions which indicate that those words must be listened or heard by only them.
The reference in this law to a listening device doesn’t include indication to similar devices or hearing aid utilized by person to overcome impairment. The private conversation reference under this law is implied to the party to whom words are explained in the entire course. A person is consider guilty under this Act, if he uses any listening device to listen, monitor, record or overhear any private conversation. A person is liable for an imprisonment of around 2 years or has to bear penalty of 40 units.
If an order is according to the subsection (4) and (5), an individual possessing listening device must deliver it under the order. If individual breaches subsection (5), the police officer has a right to seize the device to deliver it in order. According to the Invasion of Privacy Act of 1971, advertising of listening devices is strictly prohibited. A person publicly exhibits or advertises listening devices with intention of promoting sales is treated as guilty and he is liable for imprisonment of 1 year or penalty of 20 units.
The Invasion of Privacy Act of 1971 also prohibits illegal entry into dwelling house. Any individual who enters into a residence without taking permission of owner may be considered as an offensive act. In such a scenario, a person has to bear imprisonment of 1 year and 20 penalty units. A person is also treated as guilty, if he enters into someone’s residence by force, deceit, fraudulent trick or through incorrect representation.