Document ID: chunk:federal_register_of_legislation:C2023A00110:clause:2_52
Version: federal_register_of_legislation:C2023A00110
Segment Type: clause
Provision Reference: sch 2 cl 52
Character Range: 135422–136586

52  After subsection 38(3A)
Insert:
 (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 with;
if the use involves listening to, or recording, words spoken by a person, and the use is confined to circumstances where:
 (c) 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
 (d) 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 (c); or
 (ii) so far as subsection (7) applies in relation to the community safety supervision order—by that subsection.