LISTENING DEVICES ACT 1992 - NOTES

LISTENING DEVICES ACT 1992 - NOTES

(see s 2)

Note 1     The Legislation Act

contains definitions and other provisions relevant to this Act.

Note 2     For example, the Legislation Act

, dict, pt 1, defines the following terms:

              •     contravene

              •     disallowable instrument (see s 9)

              •     Executive

              •     individual

              •     penalty unit (see s 133)

              •     person

              •     the Territory.

"consent" includes implied consent.

"defined offence" means—

        (a)     an offence against a Territory law (other than the common law) punishable by life imprisonment or for 10 years or more; or

        (b)     an offence against any of the following provisions of the Criminal Code

:

              (i)     section 603 (8) (which is about trafficking in cannabis);

              (ii)     section 610 (5) (Selling controlled precursor for manufacture of controlled drug);

              (iii)     section 611 (9) or (10) (Manufacturing controlled precursor for manufacture of controlled drug);

              (iv)     section 613 (Supplying substance, equipment or instructions for manufacturing controlled drug);

              (v)     section 620 (Supplying plant material, equipment or instructions for cultivating controlled plant);

              (vi)     section 625 (4) (Supplying controlled drug to child);

              (vii)     section 640 (Receiving property directly derived from drug offence); or

        (c)     an offence against the Medicines, Poisons and Therapeutic Goods Act 2008

, section 26 (Supplying declared substances) in relation to a controlled medicine, or prohibited substance, within the meaning of that Act.

"engage in conduct"—see the Criminal Code

, section 13.

"evidence"—giving of evidence of a private conversation, for part 3 (Evidence)—see section 9.

"hearing aid" means a device used by a person with impaired hearing to overcome the impairment and to permit the person to hear sounds ordinarily audible to the human ear, but no other sounds.

"listen to" includes hear.

"listening device" means any instrument, apparatus, equipment or device capable of being used to listen to or to record a private conversation, but does not include a hearing aid.

"party", in relation to a private conversation, means—

        (a)     a person who speaks, or is spoken to, in the course of the conversation; or

        (b)     a person who, with the consent of any of the persons who speaks or is spoken to in the course of the conversation, listens to or records the conversation.

"principal party", in relation to a private conversation, means a person who speaks, or is spoken to, in the course of the conversation.

"private conversation" means a conversation between persons in circumstances that may reasonably be taken to indicate that any of the principal parties desires the conversation to be listened to only—

        (a)     by themselves; or

        (b)     by themselves and by some other person with the consent of each principal party to the conversation.

"record", in relation to a private conversation, includes a statement prepared from such a record.

"report", in relation to a private conversation, includes a report of the substance, meaning or purport of the conversation.

Endnotes

1     About the endnotes

Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.

Not all editorial amendments made under the Legislation Act 2001

, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.

Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.

If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.

The endnotes also include a table of earlier republications.

2     Abbreviation key