Under the Surveillance Devices Amendment (Public Interest Exceptions) Act No.7 dated 7 April 2026, a person does not commit an offence for communicating or publishing a record obtained through the use of a surveillance device where such conduct is carried out in the public interest, including where the material is provided to a law enforcement agency.

For these purposes, the “public interest” includes, in particular, the communication of records that are relevant to the functions of law enforcement agencies under the laws of the State or the Commonwealth.

This exception applies where materials are provided to a number of key bodies, including the state police, the Law Enforcement Conduct Commission, and the Independent Commission Against Corruption (ICAC). Previously, a temporary exception already applied in relation to ICAC. The amendments now make this exception permanent and address a legislative gap: prior to the reform, individuals who received unlawfully obtained records and provided them to public authorities could formally be exposed to liability, which discouraged the reporting of offences, including corruption.

At the same time, the Act introduces a new offence relating to the possession of such records. Liability arises where a person possesses an unlawfully obtained record, knows of its unlawful origin, and fails to promptly provide it to a law enforcement agency. The offence is punishable by a fine of up to 100 penalty units (approximately AUD 11,000) and/or imprisonment for up to 5 years.

It should be noted that the amendments do not legalise unlawful surveillance as such. The making of an unlawful recording (for example, without consent or in breach of privacy) remains an offence. At the same time, the use of such materials by law enforcement authorities is restricted and permitted only in connection with the investigation of possible offences or for referral to anti-corruption and oversight bodies within their respective functions.