AUSTRALIAN LAW
Strict laws in Australia prohibit or restrict the covert recording of conversations whether by telephone or other methods.
Throughout Australia federal legislation prohibits intercepting (tapping, bugging) telephone conversations. It appears that this legislation does not prohibit the recording of a telephone conversation by means of a tape recorder placed next to the telephone. Nevertheless, because the law on this point is not clear, the consent of all parties to a telephone conversation should be obtained before any form of recording is made.
In all States and Territories, legislation usually prohibits using a listening device to eavesdrop on private conversations and this includes 'being wired'.
It is more complicated if you are a party to the conversation. In Victoria, Queensland, Western Australia and the Northern Territory it is generally not an offence to make the recording, unlike in New South Wales, Tasmania and Australian Capital Territory.
In South Australia, making the recording is unlawful unless it is in the course of your duty, the `public interest' defence applies, or it is for the protection of your lawful interests. 'Lawful interests' is open to some interpretation of course.
However, in all States and Territories, even if it is permissible to record the conversation, it will usually be illegal to replay the material for publication or to publish in any other way information obtained from the recording without the consent of all the parties to the conversation. If you were a party to the conversation, there is a limited `public interest' defence in Victoria, Western Australia, Queensland, South Australia and the Northern Territory, but its availability to the media is likely to be constrained by the usual suspicion shown by the courts to media `public interest' claims.
In all cases where use of a covert recording is being considered, you should first discuss the proposal with your legal advisers. The penalties for illegally recording and/or publishing interviews and conversations are severe including heavy fines and/or imprisonment.
If you perceive any loopholes, or protection, in the legal framework to justify you bugging someone, then consider the additional protection provided to the individual in Australia through our privacy law - Federal Privacy Act 1988 (Cth)
In NSW there's also the Privacy and Personal Information Protection Act 1998 (NSW)
More reading:
Listening Devices Act 1984 (NSW) essentially makes it a criminal offence for a person to record or listen to a private conversation that they are not a party to, or to record a private conversation to which they are a party without the other person’s consent.
Telecommunications (Interception) Act 1979 (Cth) essentially says that you may not listen or record conversation passing through a telecommunication device, be that a phone or device that transmits through radio frequency, irrespective whether the communication is between two independent persons or yourself and an independent person.
Telecommunications (Interception and Access) Act 1979
UNITED STATES LAW
"Can we tape a phone call?" - explanations
Oral, Wire, and Electronic Communications Interception
Stored Wire and Electronic Communications Records Access
Economic Espionage Act of 1996
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