(3) Subsection (1) (b)
does not apply to the use of a listening device by,or on behalf of, a party to a private conversation if—
(a) each principal party to the conversation consents to that use of
the listening device; or
(b)
a principal party to the conversation consents to the listeningdevice being so used, and—
(i)
the recording of the conversation is considered by thatprincipal party, on reasonable grounds, to be necessaryfor the protection of that principal party’s lawful interests;From memory, this is identical to the Commonwealth legislation
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