Document ID: chunk:federal_register_of_legislation:C2004A03942:section:1979:p5
Version: federal_register_of_legislation:C2004A03942
Segment Type: section
Provision Reference: s 1979 (pt 5/27)
Character Range: 11164–13740

"(3) An eligible Judge has, in relation to the performance of a function or exercise of a power conferred on an eligible Judge by this Division, the same protection and immunity as a Justice of the High Court has in relation to proceedings in the High Court.

Appointment of designated technical officers

"12e. (1) The Commissioner or a member appointed, in writing, by the Commissioner for the purposes of this subsection may, by writing, declare:

(a) a staff member to be a designated technical officer; or

(b) a class of staff members to be designated technical officers.

 "(2) A person who is a designated technical officer stops being a designated technical officer if the person stops being a staff member.

Use of listening devices in relation to general offences

"12f. (1) It is unlawful for an official to use, for the purposes of general offence inquiries that are being made by members, a listening device for the purpose of listening to or recording words while they are being spoken by a person unless:

    (a) the official 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

    (b) the official listens to or records the words with the consent, express or implied, of a person who is permitted by paragraph (a) to listen to or record the words; or

    (c) if the general offence concerned is a class 1 general offence or a class 2 general offence—the official does so in accordance with a warrant under section 12g and the provisions of this Division.

"(2) It is unlawful for a person acting by arrangement with an official to use, for the purposes of general offence inquiries that are being made by members, a listening device for the purpose of listening to or recording words while they are being spoken by a person unless 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.

"(3) It is the duty of the Commissioner to take reasonable steps to ensure that subsections (1) and (2) are not contravened by officials.

"(4) Despite any law of a State or Territory:

    (a) an official does not act unlawfully 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