Document ID: chunk:federal_register_of_legislation:C2025C00037:section:38:p2
Version: federal_register_of_legislation:C2025C00037
Segment Type: section
Provision Reference: s 38 (pt 2/4)
Character Range: 239328–241922

subsection (5) applies in relation to that investigation—by that subsection.
 (3) A State or Territory law enforcement officer acting in the course of his or her duties and in relation to the location and safe recovery of a child to whom a recovery order relates may, without warrant, use a surveillance device for any purpose involving listening to, or recording, words spoken by a person if the use of that device for that listening or recording purpose is confined to circumstances where:
 (a) 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
 (b) 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 (a); or
 (ii) so far as subsection (5) applies in relation to the location and safe recovery of the child—by that subsection.
 (3A) If a Part 5.3 supervisory 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 either of the following purposes:
 (a) achieving a Part 5.3 object;
 (b) determining whether the Part 5.3 supervisory 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 Part 5.3 supervisory order—by that subsection.
 (3B) If a community safety supervision order is in force in relation to a person, a State or Territory law enforcement officer acting in the course of the officer's duties may, without warrant, use a surveillance device to obtain information relating to the person for either of the following purposes:
 (a) achieving a Part 9.10 object;
 (b) determining whether the community safety supervision order has been, or is being, complied