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

Schedule 10   Surveillance devices

Surveillance Devices Act 2004

21   At the end of section 38

Add:

(6) If:

(a) a control order is in force in relation to a person; and

(b) a person (other than a State or Territory law enforcement officer) is assisting a State or Territory law enforcement officer who is acting in the course of his or her duties in relation to any of the following purposes:

(i) protecting the public from a terrorist act;

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

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

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

the person assisting may, without warrant, use a surveillance device to obtain information relating to the person mentioned in paragraph (a) if:

(c) the use involves listening to, or recording, words spoken by a person; and

(d) the person assisting 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.