Is it legal to record a conversation in Australia?
There's no single Australian answer. Every state and territory makes its own rules, and they really do differ. Compare them below, or go straight to your state.
| Where | Recording a talk you're in | Recording one you're not in | Sharing a recording | Biggest penalty |
|---|---|---|---|---|
| New South Wales | Yes, for your own use | Offence, unless a speaker lets you in | Restricted, if unlawfully made | $11,000 or 5 years |
| Victoria | Yes, without telling anyone | Offence, unless everyone agrees | Restricted, even if lawful | $50,184 or 2 years |
| Queensland | Yes, without telling anyone | Offence, unless a speaker lets you in | Restricted, even if lawful | $6,908 or 2 years |
| Western Australia | Usually not | Offence; consent alone is not enough | Restricted, even if lawful | $5,000 or 1 year |
| South Australia | Usually not | Offence, only narrow exceptions | Restricted, even if lawful | $15,000 or 3 years |
| Tasmania | Yes, for your own use | Offence, unless a speaker lets you in | Restricted, even if lawful | $8,520 or 2 years |
| Australian Capital Territory | Yes, for your own use | Offence, unless a speaker lets you in | Restricted, even if lawful | $8,000 or 6 months |
| Northern Territory | Yes, without telling anyone | Offence, unless everyone agrees | Restricted, even if lawful | $48,500 or 2 years |
Every cell comes from that state's own page, where the same fact is cited to the legislation it comes from.
Each state and territory in a sentence
New South Wales
In NSW you can record a conversation you're part of if the recording is for you. Giving it to someone who wasn't there needs everyone's agreement or a protective reason. Recording a talk you're not in is an offence. Full rules →
Victoria
In Victoria you can record a conversation you're part of without telling the others. Recording a conversation you're not part of is an offence, and sharing any recording is separately restricted. Full rules →
Queensland
If you're part of the conversation, you can record it in Queensland without telling anyone. Recording a conversation you're not part of is an offence, and sharing a recording has its own separate rules. Full rules →
Western Australia
In WA, being in the conversation isn't enough to let you record. You need everyone's agreement, or the recording has to be reasonably necessary to protect your own interests, whatever your reason. Full rules →
South Australia
In South Australia, being in the conversation isn't enough to let you record. You usually need everyone's consent, or a reason that protects your lawful interests. A public-interest exception also applies. Full rules →
Tasmania
In Tasmania you can record a conversation you're part of unless you're recording it in order to pass it on to outsiders. Sharing a recording you made is a separate offence, even a lawful one. Full rules →
Australian Capital Territory
In the ACT you can record a conversation you're part of unless you're recording it in order to pass it on to outsiders. Sharing a recording you made is a separate offence, even a lawful one. Full rules →
Northern Territory
In the Northern Territory you can record a conversation you're part of without telling anyone. Recording a conversation you're not part of is an offence, and sharing a recording has separate limits. Full rules →
Every change across these pages
- 23 Sept 2026
- NSW: First published. Current to the Surveillance Devices Act 2007 (NSW) No 64, version in force 14 August 2026, and to the NSW penalty unit value of $110 (Crimes (Sentencing Procedure) Act 1999 (NSW) s 17).
- 23 Sept 2026
- VIC: First published. Current to the Surveillance Devices Act 1999 (Vic) Version 048 (as at 10 December 2025), and to the Victorian penalty unit value of $209.10 for 2026–27.
- 23 Sept 2026
- QLD: First published. Current to the Invasion of Privacy Act 1971 (Qld) as in force 1 July 2024, and to the Queensland penalty unit value of $172.70 from 1 July 2026.
- 23 Sept 2026
- WA: First published. Current to the Surveillance Devices Act 1998 (WA), consolidated version current from 5 April 2023.
- 23 Sept 2026
- SA: First published. Current to the Surveillance Devices Act 2016 (SA), version 21.9.2023, with dollar penalties stated directly in the Act.
- 23 Sept 2026
- TAS: First published. Current to the Listening Devices Act 1991 (Tas), version current from 5 October 2018 to date.
- 23 Sept 2026
- ACT: First published. Current to the Listening Devices Act 1992 (ACT), republication 10 (effective 11 February 2022), and to the ACT penalty unit value of $160 for an individual.
- 23 Sept 2026
- NT: First published. Current to the Surveillance Devices Act 2007 (NT) as in force 1 June 2026, and to the NT penalty unit value of $194 from 1 July 2026.