Crimes Act 1961

216B Prohibition on use of interception devices

(1)

Subject to subsections (2) to (5), every one is liable to imprisonment for a term not exceeding 2 years who intentionally intercepts any private communication by means of an interception device.

(2)

Subsection (1) does not apply where the person intercepting the private communication—

(a)

is a party to that private communication; or

(b)

does so pursuant to, and in accordance with the terms of, any authority conferred on him or her by or under—

(i)

the Search and Surveillance Act 2012; or

(ii)

Part 4 of the Intelligence and Security Act 2017; or

(iii)

the International Terrorism (Emergency Powers) Act 1987.

(3)

[Repealed]

(4)

Subsection (1) does not apply to any monitoring of a prisoner call under section 113 of the Corrections Act 2004 or any interception of a private communication if the interception is authorised under section 189B of that Act.

(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 a surveillance device warrant issued under the Search and Surveillance Act 2012 must, upon expiry of the warrant, be—

(a)

destroyed immediately; or

(b)

given to the agency executing the warrant.

Section 216B: inserted, on 6 August 1979, by section 2 of the Crimes Amendment Act 1979 (1979 No 5).

Section 216B heading: amended, on 1 October 2003, by section 10(1) of the Crimes Amendment Act 2003 (2003 No 39).

Section 216B(1): amended, on 1 October 2003, by section 10(2) of the Crimes Amendment Act 2003 (2003 No 39).

Section 216B(1): amended, on 1 October 2003, by section 10(3) of the Crimes Amendment Act 2003 (2003 No 39).

Section 216B(1): amended, on 14 October 1999, by section 10(1) of the Penal Institutions Amendment Act 1999 (1999 No 114).

Section 216B(2): replaced, on 1 February 1998, by section 4(1) of the Crimes Amendment Act (No 2) 1997 (1997 No 93).

Section 216B(2)(b): replaced, on 28 September 2017, by section 335 of the Intelligence and Security Act 2017 (2017 No 10).

Section 216B(3): repealed, on 18 April 2012, by section 325(12) of the Search and Surveillance Act 2012 (2012 No 24).

Section 216B(4): inserted, on 14 October 1999, by section 10(2) of the Penal Institutions Amendment Act 1999 (1999 No 114).

Section 216B(4): amended, on 3 April 2009, by section 35(2)(a) of the Corrections Amendment Act 2009 (2009 No 3).

Section 216B(4): amended, on 3 April 2009, by section 35(2)(b) of the Corrections Amendment Act 2009 (2009 No 3).

Section 216B(4): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

Section 216B(5): inserted, on 1 October 2003, by section 10(6) of the Crimes Amendment Act 2003 (2003 No 39).

Section 216B(6): inserted, on 1 October 2003, by section 10(6) of the Crimes Amendment Act 2003 (2003 No 39).

Section 216B(7): inserted, on 1 October 2003, by section 10(6) of the Crimes Amendment Act 2003 (2003 No 39).

Section 216B(7): amended, on 18 April 2012, by section 325(13) of the Search and Surveillance Act 2012 (2012 No 24).