Document ID: chunk:federal_register_of_legislation:C2004A04658:body:0:p5
Version: federal_register_of_legislation:C2004A04658
Segment Type: other
Provision Reference: 
Character Range: 11012–13713

to an agency that is the Police Force of a State.

"(2) The Minister may make a written declaration that members of an agency included in a specified class of members of the agency occupy positions corresponding to those of staff members of the Australian Federal Police.

"(3) Members included in the class of members of an agency specified in a declaration are referred to in this Act, in relation to the agency concerned, as staff members.".

Telecommunications not to be intercepted

  10. Section 7 of the Principal Act is amended:

    (a) by inserting after paragraph (2)(aa) the following paragraphs:

      "(ab) the interception of a communication by a person lawfully engaged in duties relating to the installation, connection or maintenance of equipment used, or to be used, for the interception of communications under warrants;

      (ac) the interception of a communication where the interception results from, or is incidental to, action taken by an officer of the Organization, in the lawful performance of his or her duties, 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;";

    (b) by adding at the end the following subsections:

  "(3) In subsection (2), 'listening device' has the same meaning as in Division 2 of Part III of the Australian Security Intelligence Organization Act 1979.

  "(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 VI 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