26CUse etc. of listening device without warrant

26C Use etc. of listening device without warrant

Either of the following (the first person): (a) an ASIO employee acting in the course of the ASIO employee’s duties; (b) an ASIO affiliate acting in accordance with the contract, agreement or other arrangement under which the ASIO affiliate is performing functions or services for the Organisation; may install, use or maintain a listening device without warrant for any purpose involving listening to or recording words, sounds or signals being communicated by or to another person (the second person) if: (c) the first person is the communicator of the words, sounds or signals; or (d) the second person intends, or should reasonably expect, those words, sounds or signals to be communicated to the first person, or to a class or group of persons in which the first person is included; or (e) the first person does so with the implied or express consent of a person who is permitted under paragraph (c) or (d) to listen to or record the words, sounds or signals.

Note: This section does not apply to an ASIO affiliate specified in a determination under subsection 26F(1).