Listening Devices Amendment Act 1996 (WA)

WESTERN AUSTRALIA

LISTENING DEVICES

AMENDMENT ACT 1996

No. 31 of 1996

AN ACT to amend the Listening Devices Act 1978.

[Assented to 6 September 1996.]

The Parliament of Western Australia enacts as follows:

Short title

1.   This Act may be cited as the Listening Devices Amendment

Act 1996.

No. 31] Listening Devices Amendment Act 1996

s. 2

Commencement

2.   This Act comes into operation on such day as is fixed by

proclamation.

Principal Act

3.   In this Act the Listening Devices Act 1978* is referred to as

the principal Act.

[* Act No. 26 of 1978.

For subsequent amendments see 1995 Index to

Legislation of Western Australia, Table 1, p. 128.]

Section 3 amended

4.   Section 3 of the principal Act is amended by inserting before

the definition of ‘‘listening device’’ the following definitions —

‘‘

‘‘A-CC’’ means the Anti-Corruption Commission established

under the Anti-Corruption Commission Act 1988;

‘‘A-CC officer’’ means an officer or other employee appointed under section 6 (1) of the Anti-Corruption Commission Act 1988;

’’.

Section 4 amended

5. (1) After section 4 (3) (a) (i) of the principal Act the

following subparagraph is inserted —

‘‘

(ia) an A-CC officer acting in the course of the officer’s duty if the officer has been authorized in writing to use a listening device by a member of the A-CC;

’’.

Listening Devices Amendment Act 1996 [No. 31

s. 6

(2) Section 4 (3) (b) of the principal Act is amended by

inserting before ‘‘officer’’ the following —

‘‘ A-CC officer, ’’.

Section 5A inserted

6.   After section 5 of the principal Act the following section is

inserted —

‘‘

A-CC to report to Attorney General on request

5A. (1) Subject to subsection (2), the A-CC shall furnish to the Attorney General on request a report containing such particulars as the Attorney General requires of the use of any listening device by any A-CC officer to overhear, record, monitor or listen to any private conversation to which the A-CC officer was not a party.

A report under this section shall not disclose the

details of information obtained by any particular use of a

listening device.

(2)

’’.