Document ID: chunk:federal_register_of_legislation:C2005A00095:clause:2_4
Version: federal_register_of_legislation:C2005A00095
Segment Type: clause
Provision Reference: sch 2 cl 4
Character Range: 11330–11933

4  Before subsection 6(3)
Insert:

 (2H) If:
 (a) an inspector under section 267 of the Radiocommunications Act 1992 is lawfully engaged in performing spectrum management functions of the Australian Communications Authority under the Australian Communications Authority Act 1997 or the Radiocommunications Act 1992; and
 (b) while performing those spectrum management functions, the inspector incidentally listens to or records a communication passing over a telecommunications system;
the listening or recording does not, for the purposes of this Act, constitute an interception of the communication.