Crimes Amendment Act 2003

Crimes against personal privacy

9 Interpretation
  • Section 216A of the principal Act is amended by repealing subsection (1), and substituting the following subsections:

    • (1) In this Part, unless the context otherwise requires,—

      intercept, in relation to a private communication, includes hear, listen to, record, monitor, acquire, or receive the communication either—

      • (a) while it is taking place; or

      • (b) while it is in transit

      interception device

      • (a) means any electronic, mechanical, electromagnetic, optical, or electro-optical instrument, apparatus, equipment, or other device that is used or is capable of being used to intercept a private communication; but

      • (b) does not include—

        • (i) a hearing aid or similar device used to correct subnormal hearing of the user to no better than normal hearing; or

        • (ii) a device exempted from the provisions of this Part by the Governor-General by Order in Council, either generally or in such places or circumstances or subject to such other conditions as may be specified in the order

      private communication

      • (a) means a communication (whether in oral or written form or otherwise) made under circumstances that may reasonably be taken to indicate that any party to the communication desires it to be confined to the parties to the communication; but

      • (b) does not include such a communication occurring in circumstances in which any party ought reasonably to expect that the communication may be intercepted by some other person not having the express or implied consent of any party to do so.

    • (2) Any Order in Council exempting a device from the provisions of this Part expires 2 years after it is made.