New offence for possessing a recording of a private conversation that was made illegally: applies if you made the recording yourself, or if you know it was made illegally and fail to promptly hand it to police or another investigative body.

Maximum penalty for knowingly keeping an illegal surveillance recording: 5 years imprisonment or 100 penalty units for individuals; 500 penalty units for organisations.

Handing an illegally-made surveillance recording to police, ICAC, or another investigative body is explicitly not an offence, provided it is done in the public interest.

Officers of investigative bodies (police, ICAC, etc.) can share surveillance recordings as part of their official functions, provided they did not know the recording was obtained illegally by a current or former colleague.

Sharing a surveillance recording that has already been broadcast or published publicly on TV, radio, internet, or social media is not an offence, regardless of how it was originally obtained.