Document ID: chunk:federal_register_of_legislation:C2005A00095:clause:2_3
Version: federal_register_of_legislation:C2005A00095
Segment Type: clause
Provision Reference: sch 2 cl 3
Character Range: 10707–11330

3  Before subsection 6(3)
Insert:

 (2H) If:
 (a) an inspector under section 267 of the Radiocommunications Act 1992 is lawfully engaged in performing spectrum management functions of the Australian Communications and Media Authority under the Australian Communications and Media Authority Act 2005 or the Radiocommunications Act 1992; and
 (b) while performing those spectrum management functions, 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.