Crimes Act 1961

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 (see subsection (4)), 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.

(3)

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.

(4)

An order under paragraph (b)(ii) of the definition of interception device in subsection (1) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Legislation Act 2019 requirements for secondary legislation made under this section
PublicationPCO must publish it on the legislation website and notify it in the GazetteLA19 s 69(1)(c)
PresentationThe Minister must present it to the House of RepresentativesLA19 s 114, Sch 1 cl 32(1)(a)
DisallowanceIt may be disallowed by the House of Representatives LA19 ss 115, 116
This note is not part of the Act.

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

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

Section 216A(1) interception device paragraph (b)(ii): amended, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).

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

Section 216A(3): renumbered, on 19 August 2013, pursuant to section 9 of the Crimes Amendment Act 2003 (2003 No 39).

Section 216A(4): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).