Document ID: chunk:federal_register_of_legislation:C2016A00082:clause:10_20
Version: federal_register_of_legislation:C2016A00082
Segment Type: clause
Provision Reference: sch 10 cl 20
Character Range: 138228–139552

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.