Document ID: chunk:federal_register_of_legislation:C2004A03942:section:1979:p4
Version: federal_register_of_legislation:C2004A03942
Segment Type: section
Provision Reference: s 1979 (pt 4/27)
Character Range: 8568–11379

paragraph (a) or (b);

   'customs narcotics offence' means an offence punishable as provided by section 235 of the Customs Act 1901;

   'designated technical officer' means a person declared under section 12e to be a designated technical officer;

   'eligible Judge' means a Judge in relation to whom a consent under subsection 12d (1), and a nomination under subsection 12d (2), are in force;

   'general offence' means:

        (a) an offence against a law of the Commonwealth that is not a customs narcotics offence; or

        (b) an offence against a law of the Australian Capital Territory;

'general offence inquiries' means:

        (a) inquiries in relation to a general offence that has been committed or is reasonably suspected of having been committed; or

        (b) if there are circumstances reasonably giving rise to the suspicion that a general offence is likely to be committed— inquiries in relation to the likely commission of the offence;

   'listening device' means any instrument, device or equipment capable of being used, whether alone or in conjunction with any other instrument, device or equipment, to record or listen to spoken words;

'official' means:

        (a) a member; or

        (b) a designated technical officer;

'premises' includes:

        (a) any structure, building, aircraft, ship or vehicle; and

        (b) any land (whether or not enclosed or built on); and

        (c) any part of premises (including premises of a kind referred to in paragraph (a) or (b)).

Application of Division

"12c. (1) Nothing in this Division applies in relation to the use, in circumstances prescribed for the purposes of this subsection, of a listening device under a warrant issued under a law of a State or Territory, being a law prescribed for the purposes of this subsection.

"(2) Nothing in this Division, or in a warrant under this Division, applies in relation to the use of a listening device for a purpose that would, for the purposes of the Telecommunications (Interception) Act 1979, constitute the interception (whether or not in contravention of subsection 7 (1) of that Act) of a communication passing over a telecommunications system within the meaning of that Act.

Judges eligible to issue warrants for use of listening devices

"12d. (1) A Judge of a court created by the Parliament may, by writing, consent to be nominated by the Minister under subsection (2).

"(2) The Minister may, by writing, nominate a Judge in relation to whom a consent is in force under subsection (1) to be a Judge who may issue warrants under section 12g.

"(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