Crimes Amendment Act 2003

10 Prohibition on use of listening devices
  • (1) The heading to section 216B of the principal Act is amended by omitting the words listening devices, and substituting the words interception devices.

    (2) Section 216B(1) of the principal Act is amended by omitting the expression (4), and substituting the expression (5).

    (3) Section 216B(1) and (3) of the principal Act is amended by omitting the words a listening device, and substituting in each case the words an interception device.

    (4) Section 216B(2)(b)(ii) of the principal Act is repealed.

    (5) Section 216B(3)(b) of the principal Act is amended by omitting the words the listening device in both places where they appear, and substituting in each case the words the interception device.

    (6) Section 216B of the principal Act is amended by adding the following subsections:

    • (5) Subsection (1) does not apply to the interception of private communications by any interception device operated by a person engaged in providing an Internet or other communication service to the public if-

      • (a) the interception is carried out by an employee of the person providing that Internet or other communication service to the public in the course of that person's duties; and

      • (b) the interception is carried out for the purpose of maintaining that Internet or other communication service; and

      • (c) the interception is necessary for the purpose of maintaining the Internet or other communication service; and

      • (d) the interception is only used for the purpose of maintaining the Internet or other communication service.

    • (6) Information obtained under subsection (5) must be destroyed immediately if it is no longer needed for the purpose of maintaining the Internet or other communication service.

    • (7) Any information held by any person that was obtained while assisting with the execution of an interception warrant must, upon expiry of the warrant, be—

      • (a) destroyed immediately; or

      • (b) given to the agency executing the warrant.