Document ID: chunk:federal_register_of_legislation:C2025C00037:section:38:p3
Version: federal_register_of_legislation:C2025C00037
Segment Type: section
Provision Reference: s 38 (pt 3/4)
Character Range: 241661–244211

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.
 (4) A person (other than a federal law enforcement officer) who is assisting a federal law enforcement officer acting in the course of his or her duties may, without warrant, use a surveillance device for any purpose:
 (a) that involves listening to, or recording, words spoken by a person; and
 (b) that is referred to in subsection (1);
if the first‑mentioned person 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.
 (5) A person (other than a State or Territory law enforcement officer) who is assisting a State or Territory law enforcement officer who is acting in the course of his or her duties in relation to:
 (a) the investigation of a relevant offence (other than a State offence that has a federal aspect); or
 (b) the location and safe recovery of a child to whom a recovery order relates;
may, without warrant, use a surveillance device for any purpose that involves listening to, or recording, words spoken by a person if the first‑mentioned person 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.
 (6) If:
 (a) a Part 5.3 supervisory order is in force in relation to a person; and
 (b) a person (other than a State or Territory law enforcement officer) is assisting a State or Territory law enforcement officer who is acting in the course of his or her duties in relation to either of the following purposes: