Crimes Act 1961

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Part 9A
Crimes against personal privacy

  • Part 9A: inserted, on 6 August 1979, by section 2 of the Crimes Amendment Act 1979 (1979 No 5).

216A Interpretation
  • (1) In this Part, unless the context otherwise requires,—

    intercept, in relation to a private communication, includes hear, listen to, record, monitor, acquire, or receive the communication either—

    • (a) while it is taking place; or

    • (b) while it is in transit

    interception device

    • (a) means any electronic, mechanical, electromagnetic, optical, or electro-optical instrument, apparatus, equipment, or other device that is used or is capable of being used to intercept a private communication; but

    • (b) does not include—

      • (i) a hearing aid or similar device used to correct subnormal hearing of the user to no better than normal hearing; or

      • (ii) a device exempted from the provisions of this Part by the Governor-General by Order in Council, either generally or in such places or circumstances or subject to such other conditions as may be specified in the order

    private communication

    • (a) means a communication (whether in oral or written form or otherwise) made under circumstances that may reasonably be taken to indicate that any party to the communication desires it to be confined to the parties to the communication; but

    • (b) does not include such a communication occurring in circumstances in which any party ought reasonably to expect that the communication may be intercepted by some other person not having the express or implied consent of any party to do so.

    (2) Any Order in Council exempting a device from the provisions of this Part expires 2 years after it is made.

    (2) A reference in this Part to a party to a private communication is a reference to—

    • (a) any originator of the communication and any person intended by the originator to receive it; and

    • (b) a person who, with the express or implied consent of any originator of the communication or any person intended by the originator to receive it, intercepts the communication.

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

    Section 216A(1): substituted, on 1 October 2003, by section 9 of the Crimes Amendment Act 2003 (2003 No 39).

    Section 216A first subsection (2): inserted, on 1 October 2003, by section 9 of the Crimes Amendment Act 2003 (2003 No 39).