Commonwealth Consolidated Acts

SURVEILLANCE DEVICES ACT 2004 - SECT 38

             (1)  A federal law enforcement officer acting in the course of his or her duties may, without warrant, use a surveillance device for any purpose involving listening to, or recording, words spoken by a person:

                     (a)  if the officer belongs or is seconded to the Australian Federal Police--that is within the functions of the Australian Federal Police set out in section 8 of the Australian Federal Police Act 1979 ; or

                    (aa)  if the officer belongs or is seconded to the Australian Commission for Law Enforcement Integrity--that is within the functions of the Integrity Commissioner set out in section 15 of the Law Enforcement Integrity Commissioner Act 2006 ; or

                     (b)  if the officer belongs or is seconded to the Australian Crime Commission--that is within the functions of the Commission set out in section 7A of the Australian Crime Commission Act 1979;

if the use of that device for that listening or recording purpose is confined to circumstances where:

                     (c)  the law enforcement officer is the speaker of the words or is a person, or is included in a class or group of persons, by whom the speaker of the words intends, or should reasonably expect, the words to be heard; or

                     (d)  the law enforcement officer listens to or records the words with the consent, express or implied, of a person who is permitted to listen to or record the words by paragraph (c) or by subsection (4).

             (2)  A State or Territory law enforcement officer acting in the course of his or her duties and in the investigation of a relevant offence (other than a State offence that has a federal aspect) may, without warrant, use a surveillance device for any purpose involving listening to, or recording, words spoken by a person if the use of that device for that listening or recording purpose is confined to circumstances where:

                     (a)  the State or Territory law enforcement officer is the speaker of the words or is a person, or is included in a class or group of persons, by whom the speaker of the words intends, or should reasonably expect, the words to be heard; or

                     (b)  the State or Territory law enforcement officer listens to or records the words with the consent, express or implied, of a person who is permitted to listen to or record the words:

                              (i)  by paragraph (a); or

                             (ii)  so far as subsection (5) applies in relation to that investigation--by that subsection.

             (3)  A State or Territory law enforcement officer acting in the course of his or her duties and in relation to the location and safe recovery of a child to whom a recovery order relates may, without warrant, use a surveillance device for any purpose involving listening to, or recording, words spoken by a person if the use of that device for that listening or recording purpose is confined to circumstances where:

                     (a)  the State or Territory law enforcement officer is the speaker of the words or is a person, or is included in a class or group of persons, by whom the speaker of the words intends, or should reasonably expect, the words to be heard; or

                     (b)  the State or Territory law enforcement officer listens to or records the words with the consent, express or implied, of a person who is permitted to listen to or record the words:

                              (i)  by paragraph (a); or

                             (ii)  so far as subsection (5) applies in relation to the location and safe recovery of the child--by that subsection.

             (4)  A person (other than a federal law enforcement officer) who is assisting a federal law enforcement officer acting in the course of his or her duties may, without warrant, use a surveillance device for any purpose:

                     (a)  that involves listening to, or recording, words spoken by a person; and

                     (b)  that is referred to in subsection (1);

if the first‑mentioned person is the speaker of the words or is a person, or is included in a class or group of persons, by whom the speaker of the words intends, or should reasonably expect, the words to be heard.

             (5)  A person (other than a State or Territory law enforcement officer) who is assisting a State or Territory law enforcement officer who is acting in the course of his or her duties in relation to:

                     (a)  the investigation of a relevant offence (other than a State offence that has a federal aspect); or

                     (b)  the location and safe recovery of a child to whom a recovery order relates;

may, without warrant, use a surveillance device for any purpose that involves listening to, or recording, words spoken by a person if the first‑mentioned person is the speaker of the words or is a person, or is included in a class or group of persons, by whom the speaker of the words intends, or should reasonably expect, the words to be heard.