Document ID: chunk:federal_register_of_legislation:C2024C00749:section:7:p1
Version: federal_register_of_legislation:C2024C00749
Segment Type: section
Provision Reference: s 7 (pt 1/4)
Character Range: 186505–189253

7  Telecommunications not to be intercepted
 (1) A person shall not:
 (a) intercept;
 (b) authorize, suffer or permit another person to intercept; or
 (c) do any act or thing that will enable him or her or another person to intercept;
a communication passing over a telecommunications system.
 (2) Subsection (1) does not apply to or in relation to:
 (a) an act or thing done by an employee of a carrier in the course of his or her duties for or in connection with:
 (i) the installation of any line, or the installation of any equipment, used or intended for use in connection with a telecommunications service; or
 (ii) the operation or maintenance of a telecommunications system; or
 (iii) the identifying or tracing of any person who has contravened, or is suspected of having contravened or being likely to contravene, a provision of Part 10.6 of the Criminal Code;
  where it is reasonably necessary for the employee to do that act or thing in order to perform those duties effectively; or
 (aa) the interception of a communication by another person lawfully engaged in duties relating to the installation, connection or maintenance of equipment or a line, where it is reasonably necessary for the person to intercept the communication in order to perform those duties effectively; or
 (aaa) the interception of a communication by a person if:
 (i) the person is authorised, in writing, by a responsible person for a computer network to engage in network protection duties in relation to the network; and
 (ii) it is reasonably necessary for the person to intercept the communication in order to perform those duties effectively; or
 (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; or
 (ac) the interception of a communication where the interception results from, or is incidental to, action taken by an ASIO employee, 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; or
 (ad) the interception of a communication where the interception results from, or is incidental to, action taken by an ASIO affiliate, in accordance with the contract, agreement or other arrangement under which the ASIO affiliate is performing functions or services for the 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