Is It Legal to Record Phone Calls in Australia? Rules by State

Short answer: there is no single Australian rule. Each state and territory has its own surveillance or listening devices law, and a federal law covers interception of calls. Some jurisdictions generally allow a person who is part of a conversation to record it, while others prohibit recording a private conversation unless the people involved have consented, expressly or impliedly. Because a business cannot know which state a caller is in, the usual approach is to say clearly at the start of every call that it is recorded and why, and let the caller choose to continue. This is general information, not legal advice; the table below summarises extracts of the Acts read on 25 October 2026. Check the current text and ask a lawyer how it applies to an AI agent that answers on your behalf.

What does the federal law say?

The Telecommunications (Interception and Access) Act 1979 prohibits intercepting a communication passing over a telecommunications system, and defines interception as listening to or recording a communication in its passage over that system without the knowledge of the person making the communication. There are exceptions for carriers, agencies acting under warrants and other cases. The phrase "without the knowledge of the person making the communication" is one reason businesses announce recording at the start of calls.

What does each state and territory say?

Two cautions. First, these are summaries from extracts, and the Acts include other exceptions, definitions of a "private conversation" and, in several, rules about passing a recording on. Second, the penalties can be serious: for example, the NSW provision carries up to five years' imprisonment for an individual. Read the current consolidated text for the jurisdictions you operate in.

Why does a notice at the start of the call matter?

Most of the Acts that restrict participant recording allow it when the principal parties consent, and they say consent can be express or implied. A clear statement at the start of the call, such as "This call is recorded so we can keep an accurate record. If you'd rather not be recorded, tell us now", gives the caller a chance to object or hang up. Whether continuing the call amounts to consent in a given case is a legal question that courts decide, so do not treat the notice as a guarantee. It is nevertheless the standard step, and it also serves the Privacy Act: if you are covered, the Australian Privacy Principles expect you to tell people what you collect and why.

What does that mean for an AI voice agent?

• Recording is a switch. On our platform recording is per agent and off until you turn it on. Transcripts are produced for every call.
• The greeting is yours. Write the notice into the opening line so it plays on every call. There is no automatic recording announcement.
• Handle objections. Decide what happens if the caller says no: end recording where you can, or offer a callback to a person. Tell the agent so in its instructions.
• Think about who the parties are. A call is between the caller and your business, answered by software you control. How the Acts treat that, and what the "party" language means for an AI agent, is a point to put to your adviser.
• Be careful with sharing. Several Acts limit passing on recordings. Restrict who can listen to or download them.

Do outbound calls change anything?

Not for recording, but outbound telemarketing is separately regulated by the Do Not Call Register Act 2006 and the ACMA's standard; see the Do Not Call Register and AI calls. For where recordings and transcripts are stored, see the Privacy Act cross-border rule.

Your next step

Write the recording line first, then decide whether to switch recording on at all. Details are on the call recording page, the Australia page and the AI receptionist.