Commonwealth Consolidated Acts

AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979 - SECT 33

Listening devices--relationship with the Telecommunications (Interception and Access) Act 1979

  (2)   Nothing in section   26B, 27A or 27F, or in a warrant or authorisation under those sections, applies to or in relation to the use of a listening device for a purpose that would, for the purposes of the Telecommunications (Interception and Access) Act 1979 , constitute the interception of a communication passing over a telecommunications system operated by a carrier or a carriage service provider.

Surveillance devices--interaction with other laws

  (3)   Despite any other law of the Commonwealth, a State or a Territory (including the common law), a person acting on behalf of the Organisation does not act unlawfully by installing, using, maintaining or recovering a surveillance device if the person does so:

  (a)   in accordance with a warrant issued under section   26, 26R, 27A or 27C; or

  (aa)   in accordance with an authorisation given under section   26G; or

  (b)   in accordance with subsection   26B(5) or (6), section   26C, 26D, or 26E, or subsection   27A(3A) or (3B) or 27F(5).

  (4)   Nothing in this Division makes the use, installation, maintenance or recovery by the Organisation of a surveillance device lawful if the use, installation, maintenance or recovery would be prohibited under an applicable law of the Commonwealth, a State or a Territory (including the common law), unless the Organisation does so:

  (a)   in accordance with a warrant issued under section   26, 27A or 27C; or

  (b)   in accordance with an authorisation given under section   26G; or

  (c)   in accordance with subsection   26B(5) or (6), section   26C, 26D or 26E, or subsection   27A(3A) or (3B) or 27F(5).