Document ID: chunk:federal_register_of_legislation:C2021C00345:clause:6_38
Version: federal_register_of_legislation:C2021C00345
Segment Type: clause
Provision Reference: sch 6 cl 38
Character Range: 236950–238354

38  After subsection 6(2H)
Insert:
 (2J) If:
 (a) an inspector under section 284 of the Radiocommunications Act 1992 is lawfully engaged in exercising powers under Part 2 of the Regulatory Powers (Standard Provisions) Act 2014 as it applies in relation to:
 (i) a provision mentioned in subsection 284A(1) of the Radiocommunications Act 1992; or
 (ii) information mentioned in subsection 284A(2) of the Radiocommunications Act 1992; and
 (b) while exercising those powers, the inspector incidentally listens to or records a communication passing over a telecommunications system;
the listening or recording does not, for the purposes of this Act, constitute an interception of the communication.
 (2K) If:
 (a) an inspector under section 284 of the Radiocommunications Act 1992 is lawfully engaged in exercising powers under Part 3 of the Regulatory Powers (Standard Provisions) Act 2014 as it applies in relation to a provision mentioned in subsection 284B(1) of the Radiocommunications Act 1992; and
 (b) while exercising those powers, the inspector incidentally listens to or records a communication passing over a telecommunications system;
the listening or recording does not, for the purposes of this Act, constitute an interception of the communication.

Part 3—Amendments contingent on the commencement of the Federal Circuit and Family Court of Australia Act 2021

Radiocommunications Act 1992