Crimes Act 1961

312A Interpretation

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

  facility means an electronic address, phone number, or similar facility that enables private communications to—

  • (a) take place between individuals; or

  • (b) be sent to or from an identified individual

  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, or electromagnetic 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 a hearing aid or similar device used to correct subnormal hearing of the user to no better than normal hearing

  organised criminal enterprise means a continuing association of 3 or more persons having as its object or as one of its objects the acquisition of substantial income or assets by means of a continuing course of criminal conduct

  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

  serious violent offence means any offence—

  • (a) that is punishable by a period of imprisonment for a term of 7 years or more; and

  • (b) where the conduct constituting the offence involves—

    • (i) loss of a person's life or serious risk of loss of a person's life; or

    • (ii) serious injury to a person or serious risk of serious injury to a person; or

    • (iii) serious damage to property in circumstances endangering the physical safety of any person; or

    • (iv) perverting the course of justice, where the purpose of the conduct is to prevent, seriously hinder, or seriously obstruct the detection, investigation, or prosecution of any offence—

      • (A) that is punishable by a period of imprisonment for a term of 7 years or more; and

      • (B) that involved, involves, or would involve conduct of the kind referred to in any of subparagraphs (i) to (iii)

  specified offence means any of the following offences:

  • (a) an offence punishable by a period of imprisonment for a term of 7 years or more:

  • (b) an offence against section 243(3) (which relates to certain money laundering offences):

  • (c) an offence punishable under section 247(b) or (c) (which relate to certain offences in respect of receiving property dishonestly obtained)

  • (d) [Repealed]

  • (e) [Repealed]

  • (f) [Repealed]

  terrorist offence means an offence against any of sections 6A to 13E of the Terrorism Suppression Act 2002.

  (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 312A: substituted, on 1 February 1998, by section 7 of the Crimes Amendment Act (No 2) 1997 (1997 No 93).

  Section 312A(1) facility: inserted, on 1 October 2003, by section 18(3) of the Crimes Amendment Act 2003 (2003 No 39).

  Section 312A(1) intercept: substituted, on 1 October 2003, by section 18(1) of the Crimes Amendment Act 2003 (2003 No 39).

  Section 312A(1) interception device: inserted, on 1 October 2003, by section 18(3) of the Crimes Amendment Act 2003 (2003 No 39).

  Section 312A(1) listening device: repealed, on 1 October 2003, by section 18(2) of the Crimes Amendment Act 2003 (2003 No 39).

  Section 312A(1) private communication: substituted, on 1 October 2003, by section 18(1) of the Crimes Amendment Act 2003 (2003 No 39).

  Section 312A(1) specified offence paragraph (a): amended, on 1 December 2009, by section 6(1) of the Crimes Amendment Act 2009 (2009 No 47).

  Section 312A(1) specified offence paragraph (b): substituted, on 1 December 2009, by section 6(2) of the Crimes Amendment Act 2009 (2009 No 47).

  Section 312A(1) specified offence paragraph (c): substituted, on 1 December 2009, by section 6(2) of the Crimes Amendment Act 2009 (2009 No 47).

  Section 312A(1) specified offence paragraph (d): repealed, on 1 December 2009, by section 6(2) of the Crimes Amendment Act 2009 (2009 No 47).

  Section 312A(1) specified offence paragraph (e): repealed, on 1 December 2009, by section 6(2) of the Crimes Amendment Act 2009 (2009 No 47).

  Section 312A(1) specified offence paragraph (f): repealed, on 1 December 2009, by section 6(2) of the Crimes Amendment Act 2009 (2009 No 47).

  Section 312A(1) terrorist offence: added, on 31 October 2003, by section 7 of the Crimes Amendment Act (No 2) 2003 (2003 No 105).

  Section 312A(1) terrorist offence: amended, on 20 November 2007, by section 47(2) of the Terrorism Suppression Amendment Act 2007 (2007 No 102).