New South Wales Repealed Acts

This legislation has been repealed.

LISTENING DEVICES ACT 1984 - SECT 3

3 Definitions

(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires:
"exercise" a function includes perform a duty.
"function" includes a power, authority or duty.
"listen to" includes hear.
"listening device" means any instrument, apparatus, equipment or device capable of being used to record or listen to a private conversation simultaneously with its taking place.
"party", in relation to a private conversation, means:

(a) a person by or to whom words are spoken in the course of the conversation, or

(b) a person who, with the consent, express or implied, of any of the persons by or to whom words are spoken in the course of the conversation, records or listens to those words.

"principal party", in relation to a private conversation, means a person by or to whom words are spoken in the course of the conversation.
"private conversation" means any words spoken by one person to another person or to other persons in circumstances that may reasonably be taken to indicate that any of those persons desires the words to be listened to only:

(a) by themselves, or

(b) by themselves and by some other person who has the consent, express or implied, of all of those persons to do so.

"regulation" means a regulation made under this Act.
"serious narcotics offence" means:

(a) an offence under Division 2 of Part 2 of the Drug Misuse and Trafficking Act 1985 , or

(b) an offence contained in Part 9.1 of the Criminal Code of the Commonwealth,

but does not include an offence which is declared by the regulations not to be a serious narcotics offence within the meaning of this Act.

(1A) A thing is not precluded from being a listening device within the meaning of this Act merely because it is also capable of:

(a) recording or transmitting visual images (for example a video camera), or

(b) recording or transmitting its own position.

(2) A reference in this Act to a listening device does not include a reference to a hearing aid or similar device used by a person with impaired hearing to overcome the impairment and to permit the person to hear only sounds ordinarily audible to the human ear.

(3) A reference in this Act to:

(a) a report of a private conversation includes a reference to a report of the substance, meaning or purport of the conversation, or

(b) a record of a private conversation includes a reference to a statement prepared from such a record.