Australian Capital Territory Current Acts Australian Capital Territory Current ActsDictionary
Note 1 The Legislation Act
contains definitions and other provisions relevant to this Act.
Note 2 For example, the Legislation Act
, dict, pt 1, defines the following terms:
• contravene
• disallowable instrument (see s 9)
• Executive
• individual
• penalty unit (see s 133)
• person
• the Territory.
"consent" includes implied consent.
"defined offence" means—
(a) an offence against a Territory law (other than the common law) punishable by life imprisonment or for 10 years or more; or
(b) an offence against any of the following provisions of the Criminal Code
:
(i) section 603 (8) (which is about trafficking in cannabis);
(ii) section 610 (5) (Selling controlled precursor for manufacture of controlled drug);
(iii) section 611 (9) or (10) (Manufacturing controlled precursor for manufacture of controlled drug);
(iv) section 613 (Supplying substance, equipment or instructions for manufacturing controlled drug);
(v) section 620 (Supplying plant material, equipment or instructions for cultivating controlled plant);
(vi) section 625 (4) (Supplying controlled drug to child);
(vii) section 640 (Receiving property directly derived from drug offence); or
(c) an offence against the Medicines, Poisons and Therapeutic Goods Act 2008
, section 26 (Supplying declared substances) in relation to a controlled medicine, or prohibited substance, within the meaning of that Act.
"engage in conduct"—see the Criminal Code
, section 13.
"evidence"—giving of evidence of a private conversation, for part 3 (Evidence)—see section 9.
"hearing aid" means a device used by a person with impaired hearing to overcome the impairment and to permit the person to hear sounds ordinarily audible to the human ear, but no other sounds.
"listen to" includes hear.
"listening device" means any instrument, apparatus, equipment or device capable of being used to listen to or to record a private conversation, but does not include a hearing aid.
"party", in relation to a private conversation, means—
(a) a person who speaks, or is spoken to, in the course of the conversation; or
(b) a person who, with the consent of any of the persons who speaks or is spoken to in the course of the conversation, listens to or records the conversation.
"principal party", in relation to a private conversation, means a person who speaks, or is spoken to, in the course of the conversation.
"private conversation" means a conversation between persons in circumstances that may reasonably be taken to indicate that any of the principal parties desires the conversation to be listened to only—
(a) by themselves; or
(b) by themselves and by some other person with the consent of each principal party to the conversation.
"record", in relation to a private conversation, includes a statement prepared from such a record.
"report", in relation to a private conversation, includes a report of the substance, meaning or purport of the conversation.
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001
, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.
Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
|
A = Act |
NI = Notifiable instrument |
|
AF = Approved form |
o = order |
|
am = amended |
om = omitted/repealed |
|
amdt = amendment |
ord = ordinance |
|
AR = Assembly resolution |
orig = original |
|
ch = chapter |
par = paragraph/subparagraph |
|
CN = Commencement notice |
pres = present |
|
def = definition |
prev = previous |
|
DI = Disallowable instrument |
(prev...) = previously |
|
dict = dictionary |
pt = part |
|
disallowed = disallowed by the Legislative |
r = rule/subrule |
|
Assembly |
reloc = relocated |
|
div = division |
renum = renumbered |
|
exp = expires/expired |
R[X] = Republication No |
|
Gaz = gazette |
RI = reissue |
|
hdg = heading |
s = section/subsection |
|
IA = Interpretation Act 1967 |
sch = schedule |
|
ins = inserted/added |
sdiv = subdivision |
|
LA = Legislation Act 2001 |
SL = Subordinate law |
|
LR = legislation register |
sub = substituted |
|
underlining = whole or part not commenced |
|
|
mod = modified/modification |
or to be expired |
After 11 May 1989 and before 10 November 1999, Acts commenced on their notification day unless otherwise stated (see Australian Capital Territory (Self-Government) Act 1988
(Cwlth) s 25).
Listening Devices Act 1992 A1992-57
notified 25 September 1992 (Gaz 1992 No S162)
commenced 25 September 1992
as amended by
Acts Revision (Position of Crown) Act 1993
A1993-44 sch 2
notified 27 August 1993 (Gaz 1993 No S165)
commenced 27 August 1993 (s 2)
Statute Law Revision (Penalties) Act 1994
A1994-81 sch
notified 29 November 1994 (Gaz 1994 No S253)
s 1, s 2 commenced 29 November 1994 (s 2 (1))
sch commenced 29 November 1994 (s 2 (2) and Gaz 1994 No S269)
Statute Law Revision (Penalties) Act 1998
A1998-54 sch
notified 27 November 1998 (Gaz 1998 No S207)
s 1, s 2 commenced 27 November 1998 (s 2 (1))
sch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49)
Statute Law Amendment Act 2000
A2000-80 amdt 3.15
notified 21 December 2000 (Gaz 2000 No S69)
commenced 21 December 2000 (s 2)
Legislation (Consequential Amendments) Act 2001
A2001-44 pt 226
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 226 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004
A2004-14 sch 1 pt 1.30
notified LR 26 March 2004
s 1, s 2 commenced 26 March 2004 (LA s 75 (1))
sch 1 pt 1.30 commenced 9 April 2004 (s 2 (1))
Criminal Code (Serious Drug Offences) Amendment Act 2004
A2004-56 sch 1
pt 1.4
notified LR 6 September
2004
s 1, s 2 commenced 6 September 2004 (LA s 75
(1))
sch 1 pt 1.4 commenced 6 March 2005 (s 2 and
LA s 79)
Criminal Code Harmonisation Act 2005
A2005-54 sch 1 pt 1.29
notified LR 27 October 2005
s 1, s 2 commenced 27 October 2005 (LA s 75 (1))
sch 1 pt 1.29 commenced 24 November 2005 (s 2)
Statute Law Amendment Act 2007
A2007-3 sch 3 pt 3.62
notified LR 22 March 2007
s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))
sch 3 pt 3.62 commenced 12 April 2007 (s 2 (1))
Corrections Management Act 2007
A2007-15 sch 1 pt 1.5
notified LR 18 June 2007
s 1, s 2 commenced 18 June 2007 (LA s 75 (1))
sch 1 pt 1.5 commenced 18 December 2007 (s 2 and LA s 79)
Children and Young People (Consequential Amendments) Act 2008
A2008-20 sch 2 pt 2.12
notified LR 17 July 2008
s 1, s 2 commenced 17 July 2008 (LA s 75 (1))
s 3 commenced 18 July 2008 (s 2 (1))
sch 2 pt 2.12 commenced 9 September 2008 (s 2 (3) and see Children and Young People Act 2008
A2008-19, s 2 and CN2008-13)
Medicines, Poisons and Therapeutic Goods Act 2008
A2008-26 sch 2 pt 2.18
notified LR 14 August 2008
s 1, s 2 commenced 14 August 2008 (LA s 75 (1))
sch 2 pt 2.18 commenced 14 February 2009 (s 2 and LA s 79)
Crimes Legislation Amendment Act 2021 (No 2)
A2021-18 pt 6
notified LR 11 August 2021
s 1, s 2 commenced 11 August 2021 (LA s 75 (1))
pt 6 commenced 11 February 2022 (s 2 (2) and LA s
79)
Name of
Act
s 1 sub A2007-3
amdt 3.345
Dictionary
s
2 am A2001-44
amdt
1.2669
defs reloc to dict A2007-3
amdt
3.347
sub A2007-3
amdt
3.348
def engage in conduct
ins A2005-54
amdt
1.208
om A2007-3
amdt
3.346
def this Act om A2001-44
amdt 1.2668
Notes
s
3 om A1993-44
sch
2
ins A2005-54
amdt 1.209
Offences against Act—application of
Criminal Code etc
s 3A ins A2005-54
amdt 1.209
Application of Act to corrections
management
s 3B ins A2007-15
amdt 1.26
Application of Act to detention
places
s 3C ins A2008-20
amdt 2.23
Use of listening
devices
s 4 am A1994-81
sch; A2005-54
amdt 1.210; A2021-18
Communication and publication of records of
private conversations by parties
s
5 am A1994-81
sch; A2005-54
amdt 1.211; A2021-18
Communication and publication of unlawfully
recorded private conversations
s 6 am
A1994-81
sch; A2005-54
amdt 1.212
Possession of records of unlawfully recorded
private conversations
s 7 am A1994-81
sch; A2005-54
amdt 1.213
Manufacture, supply and possession of
listening devices
s 8 am A1994-81
sch
sub
A2005-54
amdt 1.214
Admissibility of evidence obtained using
listening devices
s 10 am A1994-81
sch; A2005-54
amdt 1.215
Acts and omissions of
representatives
s 11 sub A2004-15
amdt 1.34
Corporations—penalties
s
13 om A1998-54
sch
Exemptions
s
14 am A2001-44
amdt 1.2670
Regulation-making
power
s 15 am A1998-54
sch
sub
A2001-44
amdt 1.2671
Dictionary
dict ins
A2007-3
amdt
3.349
am A2021-18
s
16
def consent reloc from s
2 A2007-3
amdt
3.347
def defined offence
am A2000-80
amdt 3.15; A2004-56
amdt 1.49
reloc from s 2 A2007-3
amdt
3.347
am A2008-26
amdt
2.124
def engage in conduct
ins A2007-3
amdt
3.349
def evidence ins A2007-3
amdt
3.349
def hearing aid reloc
from s 2 A2007-3
amdt
3.347
def listen to reloc
from s 2 A2007-3
amdt
3.347
def listening device
reloc from s 2 A2007-3
amdt
3.347
def party reloc from
s 2 A2007-3
amdt
3.347
def principal party
reloc from s 2 A2007-3
amdt
3.347
def private conversation
reloc from s 2 A2007-3
amdt
3.347
def record reloc from
s 2 A2007-3
amdt
3.347
def report reloc from
s 2 A2007-3
amdt 3.347
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
|
Republication No |
Amendments to |
Republication date |
|---|---|---|
|
1 |
A1994-81 |
28 February 1995
2
A2001-44
26 March 2002
3
A2004-15
9 April 2004
4
A2004-56
6 March 2005
5
A2005-54
24 November 2005
6
A2007-3
12 April 2007
7
A2007-15
18 December 2007
8
A2008-26
9 September 2008
9
A2008-26
14 February 2009
© Australian Capital Territory
2022
A1992-57
Republication No 10
Effective: 11 February 2022
Republication date: 11 February 2022
Last amendment made by A2021-18
About this republication
The republished law
This is a republication of the Listening Devices Act 1992
(including any amendment made under the Legislation Act 2001
, part 11.3 (Editorial changes)) as in force on 11 February 2022
. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 11 February 2022
.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au
):
• authorised republications to which the Legislation Act 2001
applies
• unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001
, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au
). For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001
, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001
, s 133).
Australian Capital
Territory
Endnotes19
Australian Capital
Territory