Counter-Terrorism Legislation Amendment Act (No. 1) 2016 (82 of 2016)

Schedule 10   Surveillance devices

Surveillance Devices Act 2004

20   After subsection 38(3)

Insert:

(3A) If a control order is in force in relation to a person, a State or Territory law enforcement officer acting in the course of his or her duties may, without warrant, use a surveillance device to obtain information relating to the person for any of the following purposes:

(a) protecting the public from a terrorist act;

(b) preventing the provision of support for, or the facilitation of, a terrorist act;

(c) preventing the provision of support for, or the facilitation of, the engagement in a hostile activity in a foreign country;

(d) determining whether the control order has been, or is being, complied with;

if the use involves listening to, or recording, words spoken by a person, and the use is confined to circumstances where:

(e) 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

(f) 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 (e); or

(ii) so far as subsection (6) applies in relation to the control order - by that subsection.