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QLD Is Interstate Call Voice Recording Legal?

Discussion in 'Other/General Law Forum' started by jerryjojo, 1 June 2016.

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  1. jerryjojo

    jerryjojo Member

    1 June 2016
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    A car dealer took advantage of a customer whom is on the pension. They did this by registering the customer's new car as a concession-rego in NSW to save the dealer money on the registration costs. The pensioner themselves was meant to receive a refund at the NSW Roads & Maritime office. The car dealer in typical fashion, denied any wrong doing and insisted that the customer approved of this method.

    However, the phone conversation between the dealer and the customer, where the dealer described that this would not happen, was recorded with a dictaphone by the customer.

    Here lies the question and issue:

    The customer called from QLD. The dealer was situated on the border but in NSW.

    So, can a person who made a telephone call from QLD to a person in NSW lawfully record the telephone call? The phone call with the dealer was recorded and proves their wrong doing.

    Call voice recording can be done in QLD without the receiver being aware. In NSW the receiver has to be made aware. But as far as cross-border recordings there does not seem to be any information.

    Please help if you can. The car sale has been finalised, and the customer/pensioner just wishes to advise the public of this car dealers unethical practice (which is really the only thing they can do as the contract has been signed), without fear of having broken the law by the interstate phone recording.
  2. Sophea

    Sophea Well-Known Member

    16 April 2014
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    Since you were in Qld when you initiated the phone call, then you have a good chance (not guaranteed) at having it admitted as evidence. However, there is a chance a judge won't admit it as evidence since the NSW resident wasn't advised they were being recorded given an opportunity to end the phone call.

    I doubt you would be charged though, as you were not committing a crime under Qld law.

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