Is it legal to record a conversation in 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.
- Recording a talk you're in
- Usually not, and your reason for recording doesn't change it. A participant needs either every principal party's consent, or a recording reasonably needed to protect their lawful interests 1
- Recording one you're not in
- An offence carrying up to 3 years in prison. The Act never defines a party, so whether one speaker agreeing puts you inside the conversation is not settled on its face 1
- Sharing a recording
- Restricted. Publishing material from an unlawful recording is a separate offence, and even a recording you made to protect your own interests can only be passed on in a set list of situations 1
- Biggest penalty
- Up to $15,000 or 3 years in prison for an individual. A company faces up to $75,000 1
- Phone calls
- A call you're on is a conversation you're part of, but SA still needs consent or a protective reason to record it. Intercepting a call still crossing the network is a separate Commonwealth offence 2
In South Australia, being in the conversation is not enough to let you record the conversation. You need everyone’s consent, or the recording has to be reasonably necessary to protect your lawful interests. 1
Keeping it to yourself is not a route of its own. A private record of a meeting needs one of those two the same as anything else. 1
Passing a recording on is restricted separately, and South Australia sets different rules depending on why the recording was made in the first place. 1
Can you record a conversation you’re part of in South Australia?
Usually not.
The ban covers recording a conversation you have no part in, and recording one you are in. A private conversation is one at least some of the people having it meant to keep to the others; if everyone would reasonably expect to be overheard, it isn’t private to start with. Two exemptions do most of the work for someone taking part. 1
s 4(1)–(2)(a) When a participant may record Surveillance Devices Act 2016 (SA) 1
(1) Subject to this section and section 6, a person must not knowingly install, use or cause to be used, or maintain, a listening device— (a) to overhear, record, monitor or listen to a private conversation to which the person is not a party; or (b) to record a private conversation to which the person is a party. Maximum penalty: (a) in the case of a body corporate—$75 000; (b) in the case of a natural person—$15 000 or imprisonment for 3 years. (2) Subsection (1) does not apply— (a) to the use of a listening device by a party to a private conversation to record the conversation if— (i) all principal parties to the conversation consent, expressly or impliedly, to the device being so used; or (ii) the use of the device is reasonably necessary for the protection of the lawful interests of that person; […]
The first is consent from everyone actually speaking, whom the Act calls the principal parties. The second is that the recording is reasonably necessary to protect your lawful interests. 1
If neither applies, recording the conversation is an offence even though you were part of it. 1
Where the line sits on that second one is the question people get wrong. The Act does not say whether simply wanting a record of the meeting is enough. What it asks is whether the recording was reasonably necessary to protect a lawful interest of yours. It is not a test of preferring to have one. 1
Does the public interest change the answer in South Australia?
It can, and this is the one route that doesn’t depend on being in the conversation. The ban is expressly made subject to a separate public-interest section. 1
s 6(1) The public-interest exception Surveillance Devices Act 2016 (SA) 1
(1) Section 4 does not apply— (a) to the use of a listening device to overhear, record, monitor or listen to a private conversation if the use of the device is in the public interest; or (b) to the installation, use or maintenance of a listening device under subsection (2)(b)(iv) or (v) of that section if the use of the device is in the public interest.
Where using the device is in the public interest, the recording offence doesn’t apply at all. What you can then do with the recording is tightly controlled, which is covered further down. 1
Can you record a conversation you’re not part of?
No. Recording other people’s private conversation is the first limb of the ban, and it carries up to 3 years in prison for an individual. 1
What one speaker’s agreement does for you is not settled here. 1
s 3 Who counts as a principal party Surveillance Devices Act 2016 (SA) 1
principal party, in relation to a private conversation, means a person by or to whom words are spoken in the course of the conversation;
South Australia defines a principal party — a person the words are spoken by or to — and the exemptions ask for their consent. It does not define a party at all. So nothing in the Act says whether someone recording with one speaker’s agreement counts as part of the conversation. Other states answer that question in their own definitions; South Australia leaves it open. Do not rely on one speaker’s permission without advice. 1
Several of the remaining exemptions are open to an ordinary person. 1
s 4(2)(c), (f)–(h) Other exceptions open to an ordinary person Surveillance Devices Act 2016 (SA) 1
(c) to the installation, use or maintenance of a listening device on or within premises or a vehicle if— (i) an owner or occupier of the premises or vehicle agrees to the installation, use or maintenance of the device; and (ii) the installation, use or maintenance of the device is reasonably necessary for the protection of the lawful interests of the owner or occupier of the premises or vehicle, or some other person; […] (f) to the unintentional hearing of a private conversation by means of a listening device; or (g) to the use of a listening device solely for the purposes of the location and retrieval of the device; or (h) to the installation, use or maintenance of a listening device in prescribed circumstances.
A device can be installed on premises or in a vehicle where the owner or occupier agrees and it is reasonably necessary to protect someone’s lawful interests. The section also covers hearing a conversation unintentionally, and switching a device on only to find and retrieve it. None of those helps someone setting out to listen in. 1
Can you record a phone call in South Australia?
Usually not — a call is treated like any other conversation, so the same two exemptions are what you have. 1
Commonwealth law adds a further offence: intercepting a call while it is still crossing the network. 2
s 6(1) What the Commonwealth means by intercepting a call Telecommunications (Interception and Access) Act 1979 (Cth) 2
(1) For the purposes of this Act (other than Schedule 1), but subject to this section, interception of a communication passing over a telecommunications system consists of listening to or recording, by any means, such a communication in its passage over that telecommunications system without the knowledge of the person making the communication.
Timing separates them. Recording the call once it reaches your phone is outside the Commonwealth ban. Catching it in transit is inside it, and carries up to 2 years in prison. 2
Can you share a recording in South Australia?
South Australia asks a question the other states don’t: why was the recording made? Three different rules follow from the answer. 1
If the recording broke the Act, using or publishing material from it is a separate offence with the same 3-year maximum. 1
s 12(1)–(2) Publishing material from an unlawful recording Surveillance Devices Act 2016 (SA) 1
(1) A person must not knowingly use, communicate or publish information or material derived from the use (whether by that person or another person) of a surveillance device in contravention of this Part. Maximum penalty: (a) in the case of a body corporate—$75 000; (b) in the case of a natural person—$15 000 or imprisonment for 3 years. […] (2) This section does not prevent the use, communication or publication of information or material derived from the use of a surveillance device in contravention of this Part— (a) to a person who was a party to the conversation or activity to which the information or material relates; or (b) with the consent of each party to the conversation or activity to which the information or material relates; or (c) for the purposes of a relevant investigation or relevant action or proceeding relating to that contravention of this Part or a contravention of this section involving the communication or publication of that information or material; or (d) in the course of proceedings for an offence against this Act; or (e) otherwise in the course of duty or as required by law.
You can still give it to someone who was a party to the conversation, or share it with everyone’s consent. You can use it for an investigation or in proceedings about the offence, or where the law otherwise requires it. 1
If the recording was lawful because it protected your lawful interests, sharing it is restricted in its own right. 1
s 9(1) Sharing a recording made to protect your lawful interests Surveillance Devices Act 2016 (SA) 1
(1) A person must not knowingly use, communicate or publish information or material derived from the use of a listening device or an optical surveillance device in circumstances where the device was used to protect the lawful interests of that person except— (a) to a person who was a party to the conversation or activity to which the information or material relates; or (b) with the consent of each party to the conversation or activity to which the information or material relates; or (c) to an officer of an investigating agency for the purposes of a relevant investigation or relevant action or proceeding; or (d) in the course, or for the purposes, of a relevant action or proceedings; or (e) in relation to a situation where— (i) a person is being subjected to violence; or (ii) there is an imminent threat of violence to a person; or (f) to a media organisation; or (g) in accordance with an order of a judge under this Division; or (h) otherwise in the course of duty or as required or authorised by law. Maximum penalty: (a) in the case of a body corporate—$50 000; (b) in the case of a natural person—$10 000. […]
You can share it with a party to the conversation, with everyone’s consent, with an investigating agency, or in proceedings. You can share it where someone is being subjected to violence, or faces an imminent threat of it. You can give it to a media organisation. And a judge can authorise it. 1
If the recording was lawful because it was in the public interest, the rule is tighter still. 1
s 10(1)–(2) Publishing a public-interest recording Surveillance Devices Act 2016 (SA) 1
(1) A person must not knowingly use, communicate or publish information or material derived from the use of a listening device or an optical surveillance device in circumstances where the device was used in the public interest except in accordance with an order of a judge under this Division. Maximum penalty: (a) in the case of a body corporate—$50 000; (b) in the case of a natural person—$10 000. (2) Subsection (1) does not apply to the use, communication or publication of information or material derived from the use of a listening device or an optical surveillance device in circumstances where the device was used in the public interest if— (a) the use, communication or publication of the information or material is made to a media organisation; or (b) the use, communication or publication of the information or material is made by a media organisation and the information or material is in the public interest.
That material needs a judge’s order before it can be used or published at all. The exception is a media organisation: material can go to one, and a media organisation can publish it where the material is in the public interest. 1
You have a recording in South Australia. What now?
Why did you make it? South Australia’s answer turns on that. Four situations, four sets of rules: a recording made with everyone’s consent, one made to protect your lawful interests, one made in the public interest, and one that broke the Act. 1
Was it lawful to make? Only if everyone actually speaking consented, or the recording was reasonably necessary to protect your lawful interests, or using the device was in the public interest. Being in the conversation does not answer it, and neither does keeping the recording to yourself. 1
Passing it on. A protective recording can go to a party, to an investigating agency, to a court, to a media organisation, or wider with a judge’s order. A public-interest recording needs a judge’s order, unless it is going to a media organisation. 1
The figures. Recording unlawfully, and using or publishing material from an unlawful recording, each carry up to $15,000 or 3 years in prison for an individual, and $75,000 for a company. Sharing a protective or public-interest recording outside the rules carries up to $10,000, or $50,000 for a company. 1
What it costs to get it wrong
| Offence | Penalty | Source |
|---|---|---|
| Recording a private conversation (s 4) | $15,000 or 3 years' prison (individual); $75,000 (company) | 1 |
| Using or publishing material from an unlawful recording (s 12) | $15,000 or 3 years' prison (individual); $75,000 (company) | 1 |
| Sharing a recording you made to protect your interests (s 9) | $10,000 (individual); $50,000 (company) | 1 |
| Publishing a public-interest recording without a judge's order (s 10) | $10,000 (individual); $50,000 (company) | 1 |
Common questions
Is it legal to record a conversation without consent in South Australia?
Not usually. South Australia doesn't give a participant a free hand. You can record a conversation you're in usually only where all the principal parties consent, or the recording is reasonably needed to protect your lawful interests. Section 4 is also subject to a public-interest exception in s 6. 1
Can you record a phone call in South Australia?
Only if all the principal parties consent, or it's reasonably needed to protect your lawful interests. Being on the call makes you a party, but South Australia doesn't let a party record freely. 1
Is it illegal to record someone without them knowing in South Australia?
Usually yes. If they haven't consented and you have no protective reason, recording them is an offence, whether or not you're part of the conversation. Recording a conversation you're not in carries up to 3 years in prison. 1
Can I share a recording of a conversation in South Australia?
Only in limited situations. Using or publishing material from an unlawful recording is its own offence, allowed only to a party, with everyone's consent, for an investigation or court proceedings, or as required by law. And a recording you made to protect your own interests can only be passed on in a set list of situations too. 1
What is the penalty for illegally recording someone in South Australia?
For an individual, up to $15,000 or 3 years in prison. A company faces up to $75,000. The same maximums cover unlawfully recording a conversation and passing on material from an unlawful recording. 1
Every source on this page
The small numbered marks throughout this page point to this list — 1 means source 1 below.
- Surveillance Devices Act 2016 (SA), ss 3, 4, 6, 9–12
- Telecommunications (Interception and Access) Act 1979 (Cth), ss 5F, 6, 7, 105
Sourced from the South Australian Legislation website at 8 Sept 2026. For the latest information on South Australian Government legislation, please go to www.legislation.sa.gov.au/. Despite any headers, footers or other markings, this legislation is NOT published under the Legislation Revision and Publication Act 2002. To access legislation that is published under the Legislation Revision and Publication Act 2002, please go to www.legislation.sa.gov.au/. © Government of South Australia. Licensed under CC BY 4.0. Reproduced without changes. Creative Commons Attribution 4.0 licence.
Sourced from the Federal Register of Legislation at 8 Sept 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Licensed under CC BY 4.0. Reproduced without changes. This is not an official version. Creative Commons Attribution 4.0 licence.
Other rules for South Australia
- Are e-bikes legal in South Australia? Legal, with conditions
- Are e-scooters legal in South Australia? Legal, with conditions
- How high can a fence be in SA? Legal, with conditions
- What are the pool fence rules in SA? Legal, with conditions
Recording conversations rules elsewhere
- Australian Capital Territory Legal, with conditions
- New South Wales Legal, with conditions
- Northern Territory Legal, with conditions
- Queensland Legal, with conditions
- Tasmania Legal, with conditions
- Victoria Legal, with conditions
- Western Australia Legal, with conditions
Page history
Every change to this page
- 23 Sept 2026
- First published. Current to the Surveillance Devices Act 2016 (SA), version 21.9.2023, with dollar penalties stated directly in the Act.