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謝謝樓上分享。只是在出庭時聽法官籠統說過未經許可私自錄音不能作為呈堂證據。還真是需要認真看看法律原文是怎麼講的。不妨把提到的NSW法律條文抄錄如下
總體看還是一個禁則，主要看那些關於例外的情況是不是適用於當事人。這些例外有，當事人都同意錄音、無意之間錄了音、談話其中一方為保護自己合法利益有合理的需要進行錄音等等。大家自己看，別人來解讀總是可能有偏差的。
SURVEILLANCE DEVICES ACT 2007 - SECT 7
Prohibition on installation, use and maintenance of listening devices
7 Prohibition on installation, use and maintenance of listening devices
(1) 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: 500 penalty units (in the case of a corporation) or 100 penalty units or 5 years imprisonment, or both (in any other case).
(2) Subsection (1) does not apply to the following:
(a) the installation, use or maintenance of a listening device in accordance with a warrant, emergency authorisation, corresponding warrant or corresponding emergency authorisation,
(b) the installation, use or maintenance of a listening device in accordance with the Telecommunications (Interception and Access) Act 1979 , or any other law, of the Commonwealth,
(c) the unintentional hearing of a private conversation by means of a listening device,
(d) the use of a listening device to record a refusal to consent to the recording of an interview by a member of the NSW Police Force in connection with the commission of an offence by a person suspected of having committed the offence,
(e) the use of a listening device and any enhancement equipment in relation to the device solely for the purposes of the location and retrieval of the device or equipment,
(f) the use of a listening device, being a device integrated into a Taser issued to a member of the NSW Police Force, to record the operation of the Taser and the circumstances surrounding its operation.
(3) Subsection (1) (b) does not apply to the use of a listening device by a party to a private conversation if:
(a) all of the principal parties to the conversation consent, expressly or impliedly, to the listening device being so used, or
(b) a principal party to the conversation consents to the listening device being so used and the recording of the conversation:
(i) is reasonably necessary for the protection of the lawful interests of that principal party, or
(ii) is not made for the purpose of communicating or publishing the conversation, or a report of the conversation, to persons who are not parties to the conversation.
(4) Subsection (1) does not apply to the use of a listening device to record, monitor or listen to a private conversation if:
(a) a law enforcement officer is a party to the private conversation, and
(b) the law enforcement officer is a participant (within the meaning of the Law Enforcement (Controlled Operations) Act 1997 ) in an authorised operation (within the meaning of that Act) who is using an assumed name or assumed identity. |
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楼主: 9191
楼主
发表于 23-8-2011 23:29:26
不用管她说啥,这事很明显,100%她负责.你付ACCESS然后去修车吧.要是你看不爽那家伙,那就收集多点她的资料,发给保险公司,他们会搞死她的.........
此外.........最重要的省略100字!!!
