Commonwealth Numbered Acts

AUSTRALIAN SECURITY INTELLIGENCE ORGANIZATION ACT 1979 No. 113 of 1979 - SECT 26

26. (1) It is unlawful for an officer, employee or agent of the Organization,
for the purposes of the Organization, to use a listening device for the
purpose of listening to or recording words while they are being spoken by
another person unless-

   (a)  he 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;

   (b)  in the case of the recording of words otherwise than by a person to
        whom paragraph (a) applies, he does so with the consent of the speaker
        of the words; or

   (c)  he 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 sub-section is not contravened.

(2) Notwithstanding any law of a State or Territory, an officer, employee or
agent of the Organization, acting on behalf of the Organization, does not act
unlawfully by reason only of using a listening device as referred to in
sub-section (1) in circumstances in which paragraph (a), (b) or (c) of that
sub-section 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 Organization of a listening device to listen to or
        record words spoken by or to that person will, or is likely to, assist
        the Organization in carrying out its function of obtaining
        intelligence relevant to security, the Minister may, by warrant under
        his hand, authorize the Organization, 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 spoken by or
        to that person and such a warrant may authorize the Organization to
        enter any premises in which that person is, or is likely to be, for
        the purpose of installing, maintaining, using or recovering 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 in relation 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 Organization of a listening device to listen
        to or record words spoken by or to persons in those premises will, or
        is likely to, assist the Organization in carrying out its function of
        obtaining intelligence relevant to security, the Minister may, by
        warrant under his hand, authorize the Organization, 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
        spoken by or to any person while the person is in those premises and
        such a warrant may authorize the Organization to enter those premises
        for the purpose of installing, maintaining, using or recovering a
        listening device.

(5) Where a warrant under this section authorizes entry on premises, the
warrant shall state whether entry is authorized to be made at any time of the
day or night or only during specified hours and may, if the Minister thinks
fit, provide that entry may be made without permission first sought or demand
made and authorize measures that he is satisfied are necessary for that
purpose.

(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.

(7) Sub-section (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) Act 1978, constitute the
interception of a communication passing over a telecommunications system
controlled by the Australian Telecommunications Commission.