Document ID: chunk:federal_register_of_legislation:C2024C00749:section:7:p2
Version: federal_register_of_legislation:C2024C00749
Segment Type: section
Provision Reference: s 7 (pt 2/4)
Character Range: 189010–191614

Organisation, for the purpose of:
 (i) discovering whether a listening device is being used at, or in relation to, a particular place; or
 (ii) determining the location of a listening device; or
 (b) the interception of a communication under a warrant; or
 (ba) the interception of a communication under subsection 25A(4) or (8), 27A(1) or (3C), 27E(2) or 27E(6) of the Australian Security Intelligence Organisation Act 1979; or
 (bb) the interception of a communication under subsection 27E(7), 27KE(9) or 27KP(8) of the Surveillance Devices Act 2004; or
 (bc) an act or thing done in compliance with an international production order (within the meaning of Schedule 1); or
 (c) the interception of a communication pursuant to a request made, or purporting to be made, under subsection 30(1) or (2); or
 (d) the interception of a communication under an authorisation under section 31A.
 (2A) For the purposes of paragraphs (2)(a), (aa) and (aaa), in determining whether an act or thing done by a person was reasonably necessary in order for the person to perform his or her duties effectively, a court is to have regard to such matters (if any) as are specified in, or ascertained in accordance with, the regulations.
 (3) Paragraph (2)(aaa) does not apply to a voice communication in the form of speech (including a communication that involves a recorded or synthetic voice).
 (4) Subsection (1) does not apply to, or in relation to, an act done by an officer of an agency in relation to a communication if the following conditions are satisfied:
 (a) the officer or another officer of the agency is a party to the communication; and
 (b) there are reasonable grounds for suspecting that another party to the communication has:
 (i) done an act that has resulted, or may result, in loss of life or the infliction of serious personal injury; or
 (ii) threatened to kill or seriously injure another person or to cause serious damage to property; or
 (iii) threatened to take his or her own life or to do an act that would or may endanger his or her own life or create a serious threat to his or her health or safety; and
 (c) because of the urgency of the need for the act to be done, it is not reasonably practicable for an application for a Part 2‑5 warrant to be made.
 (5) Subsection (1) does not apply to, or in relation to, an act done by an officer of an agency in relation to a communication if the following conditions are satisfied:
 (a) the person to whom the communication is directed has consented to the doing of the act; and
 (b) there are reasonable grounds for believing that that person