I want to record my phone calls using a mobile app on my phone. My phone is a normal, commercially-available smartphone which has not been "jailbroken", "rooted", or otherwise tampered with to bypass any of the normal security functions. The application is a regular Android app. I have found two pieces of legislation which may be applicable to voice recording. The Telecommunications (Interception and Access) Act 1979, and the Surveillance Devices Act 1999. My understanding is that section 7 of the TIAA would not apply as it only applies to communications "passing over" a telecommunications system (ie. over the wires or radio transmissions). Commonwealth legislation applies to the interception of telephone calls, commonly called “wire tapping” back when telephones needed to have wires. With improvements in technology (such as the iphone) and new applications (“apps”); recordings often encountered in the family law arena are conversations between parties over the telephone, utilising technology built into the phone or device. The Commonwealth Telecommunications (Interception and Access) Act 1979 makes it an offence to “intercept” a communication passing over a telecommunication system. Before devices had in built recording functions, in the author’s opinion, the safest way to record a telephone conversation was to have the conversation on speaker, and record the conversation on a separate recording device. Thus the communication had been received, was not intercepted, and was not passing over the telecommunications system. But what of modern devices with inbuilt recording functions? When does an “intercept” take place? Is the communication passing over the system, and can recording made this way offend the Telecommunications (Interception and Access) Act? An interception passing over a telecommunications system is defined as: “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.” Having regard to the above, the relevant question would seem to be: when is the communication“passing over that telecommunications system”? For the purposes of the act: “a telecommunications is taken to start passing over a telecommunications system when it is sent or transmitted by the person sending the communication; and is taken to continue to pass over the system until it becomes accessible to the intended recipient of the communication.” Thus it would seem with modern devices such as an iphone with built in recording capability, the communication would be “accessible” at the time of recording, and therefore not “passing over”or intercepted. Section 11 of the Surveillance Devices Act seems to only be concerned with communicating it to someone else which I would not be doing. It seems OK to do, at least in Victoria. Am I interpreting this correctly under Australian Law?