New South Wales Repealed Acts New South Wales Repealed ActsThis legislation has been repealed.
Insert after section 3 (1):
(1A) A thing is not precluded from being a listening device within the meaning of this Act merely because it is also capable of:(a) recording or transmitting visual images (for example a video camera), or(b) recording or transmitting its own position.
Insert after clause 7:
8 Application of section 3 (1A) inserted by Crimes Legislation Amendment Act 2000(1) In this clause:
"amending Act" means Schedule 6 to the Crimes Legislation Amendment Act 2000 .
"relevant device" means a device that was not a listening device within the meaning of this Act before the commencement of section 3 (1A), as inserted by the amending Act, but that becomes such a listening device because of the enactment of section 3 (1A).(2) A warrant authorising the use of a listening device that was granted under Part 4 before the commencement of the amending Act is taken to authorise the use, on and after that commencement, of a relevant device.(3) Section 6 extends to and in respect of the communication or publication, after the commencement of the amending Act, of a private conversation, or of a report of a private conversation, that has come to a person's knowledge as a result of the use of a relevant device before that commencement.(4) Section 7 extends to and in respect of the communication or publication, after the commencement of the amending Act, of a record of a private conversation made by the use of a relevant device before that commencement.(5) Section 8 extends to and in respect of the possession, after the commencement of the amending Act, of a record of a private conversation obtained by the use of a relevant device before that commencement.(6) Section 14 extends to and in respect of the admissibility of evidence arising from the use of a relevant device before the commencement of the amending Act in proceedings instituted after that commencement.