Document ID: chunk:federal_register_of_legislation:C2004A03942:section:1979:p6
Version: federal_register_of_legislation:C2004A03942
Segment Type: section
Provision Reference: s 1979 (pt 6/27)
Character Range: 13495–16193

merely because the official uses a listening device as mentioned in subsection (1) in circumstances to which paragraph (1) (a), (b) or (c) is applicable; and

    (b) a person acting by arrangement with an official does not act unlawfully merely because the person uses a listening device as mentioned in subsection (2) in circumstances in which the use of the device is not declared to be unlawful by that subsection.

Warrants for use of listening devices

"12g. (1) A member may apply to an eligible Judge for a warrant under this section authorising officials to use a listening device in relation to a particular person or particular premises.

"(2) If:

    (a) the application is for a warrant authorising officials to use a listening device in relation to a particular person; and

    (b) the Judge is satisfied, by information on oath:

            (i) that the person has committed, or is suspected on reasonable grounds of having committed, or of being likely to commit, a class 1 general offence or a class 2 general offence; and

            (ii) that information that would be likely to be obtained by the use by officials of a listening device to listen to or record words spoken by or to the person would be likely to assist members in, or in relation to, inquiries that are being made in relation to the commission, or likely commission, of the offence by the person; and

            (iii) that, having regard to the matters mentioned in subsection some or all of that information cannot appropriately be obtained by methods of a kind referred to in paragraph (6) (a); and

            (iv) if the offence is a class 2 general offence—that, having regard to the matters mentioned in subsection (7) and no other matters, such a warrant should be issued;

the Judge may issue a warrant authorising officials to use a listening device for the purpose of listening to or recording words spoken by, to, or in the presence of, the person.

"(3) The warrant may authorise:

    (a) officials to enter any premises in which the person is, or is likely to be, for the purpose of installing, maintaining, testing, using or recovering a listening device or a part of a listening device; and

    (b) the use of a listening device for the purpose of listening to or recording words spoken by, to, or in the presence of, the person anywhere in Australia.

"(4) If:

    (a) the application is for a warrant authorising officials to use a listening device in relation to particular premises (which may be premises anywhere in Australia); and

    (b) the Judge is satisfied, by information on oath:

           (i) that there are reasonable grounds for suspecting that the premises have been,