Commonwealth Numbered Regulations

1990 No. 32 CRIMES REGULATIONS (AMENDMENT) - REG 1

After regulation 4 of the Crimes Regulations the following regulation is
inserted: Specified circumstances-paragraph 85ZKB (2) (c) of the Act

"5. For the purposes of paragraph 85ZKB (2) (c) of the Act, the following
circumstances are specified:

   (a)  in relation to the advertising, displaying, offering for sale or sale
        of an apparatus or device, where the apparatus or device:

        (i)    is advertised, displayed or offered for sale; or

        (ii)   is sold; for a purpose related to interception of
               communications that is not in contravention of subsection 7 (1)
               of the Telecommunications (Interception) Act  1979 because of
               subsection 6 (3) or 7 (2) of that Act;

   (b)  in relation to the manufacture or possession of an apparatus or
        device, where the apparatus or device:

        (i)    is manufactured; or

        (ii)   is in the possession of a person; for a purpose related to a
               circumstance specified in paragraph (a);

   (c)  in relation to the manufacture of an apparatus or device, where the
        apparatus or device is manufactured for a purpose related to
        interception by a person in the course of the person's duties relating
        to interception of communications passing over a telecommunications
        system (being a telecommunications system within the meaning of the
        Telecommunications  (Interception) Act 1979 ), that is interception of
        communications otherwise than in contravention of subsection 7 (1) of
        that Act;

   (d)  in relation to the manufacture, sale or possession of an apparatus or
        device, where the apparatus or device is to be exported from
        Australia;

   (e)  in relation to the manufacture, offering for sale, sale or possession
        of an apparatus or device, where the apparatus or device:

        (i)    is manufactured; or

        (ii)   is offered for sale; or
iii) is sold; or

        (iv)   is in the possession of a person; for a purpose related to the
               use of a listening device under Division 1A of Part XII of the
               Customs Act 1901, Division 2 of Part II of the Australian 
               Federal Police Act 1979 , Division 2 of Part III of the
               Australian Security  Intelligence Organization Act 1979 or a
               law of a State or Territory;

   (f)  in relation to the possession of an apparatus or device, where the
        possession of the apparatus or device is related to the person's
        duties relating to the investigation or prosecution of offences under
        the Telecommunications (Interception) Act 1979 or Part VIIB of the
        Crimes Act  1914 .".