Crimes Act 1961

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216B Prohibition on use of interception devices
  • (1) Subject to subsections (2) to (5), every one is liable to imprisonment for a term not exceeding 2 years who intentionally intercepts any private communication by means of an interception device.

    (2) Subsection (1) does not apply where the person intercepting the private communication—

    • (a) is a party to that private communication; or

    (3) Subsection (1) does not apply to the interception by any constable of a private communication by means of an interception device where—

    • (a) an emergency has arisen in which there are reasonable grounds for believing that any person (in this section referred to as the suspect) is threatening the life of, or serious injury to, any other person in his presence or in the immediate vicinity; and

    • (b) the use of the interception device by that constable is authorised by a constable who is of or above the level of position of inspector who believes on reasonable grounds that the use of the interception device to intercept any private communication to which the suspect is a party during the emergency will facilitate the protection of any person who is threatened by the suspect.

    (4) Subsection (1) does not apply to any monitoring of a prisoner call under section 113 of the Corrections Act 2004 or any interception of a private communication if the interception is authorised under section 189B of that Act.

    (5) Subsection (1) does not apply to the interception of private communications by any interception device operated by a person engaged in providing an Internet or other communication service to the public if—

    • (a) the interception is carried out by an employee of the person providing that Internet or other communication service to the public in the course of that person's duties; and

    • (b) the interception is carried out for the purpose of maintaining that Internet or other communication service; and

    • (c) the interception is necessary for the purpose of maintaining the Internet or other communication service; and

    • (d) the interception is only used for the purpose of maintaining the Internet or other communication service.

    (6) Information obtained under subsection (5) must be destroyed immediately if it is no longer needed for the purpose of maintaining the Internet or other communication service.

    (7) Any information held by any person that was obtained while assisting with the execution of an interception warrant must, upon expiry of the warrant, be—

    • (a) destroyed immediately; or

    • (b) given to the agency executing the warrant.

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

    Section 216B heading: amended, on 1 October 2003, by section 10(1) of the Crimes Amendment Act 2003 (2003 No 39).

    Section 216B(1): amended, on 1 October 2003, by section 10(2) of the Crimes Amendment Act 2003 (2003 No 39).

    Section 216B(1): amended, on 1 October 2003, by section 10(3) of the Crimes Amendment Act 2003 (2003 No 39)

    Section 216B(1): amended, on 14 October 1999, by section 10(1) of the Penal Institutions Amendment Act 1999 (1999 No 114).

    Section 216B(2): substituted, on 1 February 1998, by section 4(1) of the Crimes Amendment Act (No 2) 1997 (1997 No 93).

    Section 216B(2)(b)(ii): repealed, on 1 October 2003, by section 10(4) of the Crimes Amendment Act 2003 (2003 No 39).

    Section 216B(2)(b)(iiia): inserted, on 2 April 2003, by section 26(1) of the Government Communications Security Bureau Act 2003 (2003 No 9).

    Section 216B(3): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

    Section 216B(3): amended, on 1 October 2003, by section 10(3) of the Crimes Amendment Act 2003 (2003 No 39).

    Section 216B(3): amended, on 1 February 1998, by section 4(2)(a) of the Crimes Amendment Act (No 2) 1997 (1997 No 93).

    Section 216B(3)(b): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

    Section 216B(3)(b): amended, on 1 October 2008, pursuant to section 116(b) of the Policing Act 2008 (2008 No 72).

    Section 216B(3)(b): amended, on 1 October 2003, by section 10(5) of the Crimes Amendment Act 2003 (2003 No 39).

    Section 216B(3)(b): amended, on 1 February 1998, by section 4(2)(b) of the Crimes Amendment Act (No 2) 1997 (1997 No 93).

    Section 216B(4): added, on 14 October 1999, by section 10(2) of the Penal Institutions Amendment Act 1999 (1999 No 114).

    Section 216B(4): amended, on 3 April 2009, by section 35(2)(a) of the Corrections Amendment Act 2009 (2009 No 3).

    Section 216B(4): amended, on 3 April 2009, by section 35(2)(b) of the Corrections Amendment Act 2009 (2009 No 3).

    Section 216B(4): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

    Section 216B(5): added, on 1 October 2003, by section 10(6) of the Crimes Amendment Act 2003 (2003 No 39).

    Section 216B(6): added, on 1 October 2003, by section 10(6) of the Crimes Amendment Act 2003 (2003 No 39).

    Section 216B(7): added, on 1 October 2003, by section 10(6) of the Crimes Amendment Act 2003 (2003 No 39).