Commonwealth Numbered Acts

TELECOMMUNICATIONS (INTERCEPTION) ACT 1979 No. 114 of 1979 - SECT 6

6. (1) For the purposes of this Act, but subject to sub-section (2),
interception of a communication passing over a telecommunications system
consists of listening to or recording, by any means, such a communication in
its passage over that telecommunications system without the knowledge of the
person making the communication.

(2) Where a person lawfully on premises, or in a vessel, vehicle or aircraft,
to which a telecommunications service is provided by the Commission, by means
of any apparatus or equipment that is part of that service-

   (a)  listens to or records a communication passing over the
        telecommunications system of which that service forms a part, being a
        communication that is being made to or from that service;

   (b)  listens to or records a communication passing over the
        telecommunications system of which that service forms a part, being a
        communication that is being received at that service in the ordinary
        course of the operation of that telecommunications system; or

   (c)  listens to or records a communication passing over the
        telecommunications system of which that service forms a part as a
        result of a technical defect in that system or the mistake of an
        officer of the Commission, the listening or recording does not, for
        the purposes of this Act, constitute the interception of the
        communication.