Document ID: chunk:federal_register_of_legislation:C2014A00108:clause:2_26c
Version: federal_register_of_legislation:C2014A00108
Segment Type: clause
Provision Reference: sch 2 cl 26C
Character Range: 53115–54247

26C  Use etc. of listening device without warrant
  Either of the following (the first person):
 (a) an ASIO employee acting in the course of the ASIO employee's duties;
 (b) an ASIO affiliate acting in accordance with the contract, agreement or other arrangement under which the ASIO affiliate is performing functions or services for the Organisation;
may install, use or maintain a listening device without warrant for any purpose involving listening to or recording words, sounds or signals being communicated by or to another person (the second person) if:
 (c) the first person is the communicator of the words, sounds or signals; or
 (d) the second person intends, or should reasonably expect, those words, sounds or signals to be communicated to the first person, or to a class or group of persons in which the first person is included; or
 (e) the first person does so with the implied or express consent of a person who is permitted under paragraph (c) or (d) to listen to or record the words, sounds or signals.
Note: This section does not apply to an ASIO affiliate specified in a determination under subsection 26F(1).