EXPLANATORY STATEMENT
COMMONWEALTH OF AUSTRALIA
CRIMES REGULATIONS (AMENDMENT)
1990 NO. 32.
The Crimes Regulations (Amendment) prescribe circumstances, for the purposes of section 85ZKB(2)(c) of the Crimes Act 1914, in which the new offence prohibiting a person from manufacturing, advertising, displaying, offering for sale, selling or possessing a device which the person knows is of a kind capable of being used to intercept a communication in contravention of section 7(1) of the Telecommunications (Interception) Act 1979 (the Interception Act) does not apply. The circumstances are -
(a) in relation to the advertising, displaying, offering for sale or sale of an apparatus or device, for a purpose related to the interception of communications that is not in contravention of section 7(1) of the Interception Act because of section 6(3) or 7(2) of that Act;
(b) in relation to the manufacture or possession of an apparatus or device, for a purpose related to a circumstance specified in paragraph (a);
(c) in relation to the manufacture of an apparatus or device, for a purpose related to section 85ZKB(2)(b) of the Crimes Act 1914;
(d) in relation to the manufacture or possession of an apparatus or device, where the apparatus or device is to be exported;
(e) in relation to the manufacture, offering for sale, sale or possession of an apparatus or device, for a purpose related to the use of a listening device under relevant Commonwealth and State law; and
(f) in relation to the possession of an apparatus or device, where the possession of the device relates to the investigation or prosecution of specified offences.
Authorised by the Attorney-General