Commonwealth Consolidated Acts

AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979 - SECT 26C

    Either of the following (the first person ):

  (a)   an ASIO employee acting in the course of the ASIO employee's duties;

  (b)   an ASIO affiliate acting in accordance with the contract, agreement or other arrangement under which the ASIO affiliate is performing functions or services for the Organisation;

may install, use or maintain a listening device without warrant for any purpose involving listening to or recording words, sounds or signals being communicated by or to another person (the second person ) if:

  (c)   the first person is the communicator of the words, sounds or signals; or

  (d)   the second person intends, or should reasonably expect, those words, sounds or signals to be communicated to the first person, or to a class or group of persons in which the first person is included; or

  (e)   the first person does so with the implied or express consent of a person who is permitted under paragraph   (c) or (d) to listen to or record the words, sounds or signals.

Note:   This section does not apply to an ASIO affiliate specified in a determination under subsection   26F(1).