TELECOMMUNICATIONS (INTERCEPTION) AMENDMENT ACT 1987 No. 89 of 1987 - SECT 7 Interception of a communication

TELECOMMUNICATIONS (INTERCEPTION) AMENDMENT ACT 1987 No. 89 of 1987 - SECT 7

7. Section 6 of the Principal Act is amended:
(a) by omitting from subsection (1) "subsection (2)" and substituting "this
section"; and

   (b)  by adding at the end of the following subsections:

"(3) Where:

   (a)  a communication is intercepted by a member of the Australian Federal
        Police under a warrant issued under section 45 or 46 to an agency
        other than the Australian Federal Police; and

   (b)  while the communication is being so intercepted, an officer of the
        agency:

        (i)    being the person who applied for the warrant on the agency's
               behalf; or

        (ii)   in relation to whom an authorisation under subsection 66 (2) by
               the chief officer of the agency is in force in relation to the
               warrant; listens to or records the communication as a result of
               action taken, by a member of the Australian Federal Police who
               is entitled to exercise the authority conferred by the warrant,
               for the purpose of enabling such officers to listen to or
               record communications intercepted under the warrant; subsection
               (4) has effect.

"(4) For the purposes of this Act:

   (a)  the listening or recording first referred to in paragraph (3) (b) does
        not constitute the interception of the communication;

   (b)  information obtained by that listening or recording shall be deemed to
        have been obtained by the interception referred to in paragraph (3)
        (a); and

   (c)  a record or copy, whether in writing or otherwise, of the whole or a
        part of the communication, being a record or copy made by means of
        that listening or recording, shall be deemed to have been made by
        means of that interception.".