Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) It is unlawful for an officer, employee or agent of the Organisation, for the purposes of the Organisation, to use a listening device for the purpose of listening to or recording words, images, sounds or signals being communicated by another person (in this subsection referred to as the communicator ) unless:
(a) the communicator intends, or should reasonably expect, those words, images, sounds or signals to be communicated to the first‑mentioned person or to a class or group of persons in which the first‑mentioned person is included;
(b) the first‑mentioned person does so with the consent of the communicator; or
(c) the first‑mentioned person does so in accordance with a warrant issued under this Division;
and it is the duty of the Director‑General to take all reasonable steps to ensure that this subsection is not contravened.
(2) Notwithstanding any law of a State or Territory, an officer, employee or agent of the Organisation, acting on behalf of the Organisation, does not act unlawfully by reason only of using a listening device as referred to in subsection (1) in circumstances in which paragraph (a), (b) or (c) of that subsection is applicable.
(3) Where, upon receipt by the Minister of a request by the Director‑General for the issue of a warrant under this section authorizing the use of a listening device in relation to a particular person, the Minister is satisfied that:
(a) that person is engaged in, or is reasonably suspected by the Director‑General of being engaged in, or of being likely to engage in, activities prejudicial to security; and
(b) the use by the Organisation of a listening device to listen to or record words, images, sounds or signals communicated by or to that person will, or is likely to, assist the Organisation in carrying out its function of obtaining intelligence relevant to security;
the Minister may, by warrant signed by the Minister, authorize the Organisation, subject to any conditions or restrictions that are specified in the warrant, to use a listening device for the purpose of listening to or recording words, images, sounds or signals communicated by or to that person and such a warrant may authorize the Organisation to enter any premises in which that person is, or is likely to be, or any other premises specified in the warrant from which words, images, sounds or signals communicated by or to that person while that person is in those first‑mentioned premises can be listened to or recorded with the use of a listening device, for the purpose of installing, maintaining or using a listening device.
(4) Where, upon receipt by the Minister of a request by the Director‑General for the issue of a warrant under this section authorizing the use of a listening device to listen to or record words, images, sounds or signals communicated from or to particular premises, the Minister is satisfied that:
(a) those premises are used, likely to be used or frequented by a person engaged in, or reasonably suspected by the Director‑General of being engaged in or of being likely to engage in, activities prejudicial to security; and
(b) the use on behalf of the Organisation of a listening device to listen to or record words, images, sounds or signals communicated by or to persons in those premises will, or is likely to, assist the Organisation in carrying out its function of obtaining intelligence relevant to security;
the Minister may, by warrant signed by the Minister, authorize the Organisation, subject to any conditions or restrictions that are specified in the warrant, to use a listening device for the purpose of listening to or recording words, images, sounds or signals communicated by or to any person while the person is in those premises and such a warrant may authorize the Organisation to enter those premises, or any other premises specified in the warrant from which words, images, sounds or signals communicated by or to any person while the person is in those first‑mentioned premises can be listened to or recorded with the use of a listening device, for the purpose of installing, maintaining or using a listening device.
(5) The warrant must:
(a) authorise the use of any force that is necessary and reasonable to do the things mentioned in subsections (3) and (4); and
(b) state whether entry is authorised to be made at any time of the day or night or during stated hours of the day or night.
(6) A warrant under this section shall specify the period for which it is to remain in force, being a period not exceeding 6 months, but may be revoked by the Minister at any time before the expiration of the period so specified.
(6A) If a listening device is installed in accordance with the warrant, the Organisation is authorised to do any of the following:
(a) enter any premises for the purpose of recovering the listening device;
(b) recover the listening device;
(c) use any force that is necessary and reasonable to do either of the above;
at the following time:
(d) at any time while the warrant is in force or within 28 days after it ceases to be in force;
(e) if the listening device is not recovered at a time mentioned in paragraph (d)--at the earliest time, after the 28 days mentioned in that paragraph, at which it is reasonably practicable to do the things concerned.
(7) Subsection (6) shall not be construed as preventing the issue of any further warrant.
(8) Nothing in this section, or in a warrant under this section, applies to or in relation to the use of a listening device for a purpose that would, for the purposes of the Telecommunications (Interception and Access) Act 1979 , constitute the interception of a communication passing over a telecommunications system operated by a carrier or a carriage service provider.
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