6AICAC’s use of unlawful surveillance device recordings—the Act, s 59(2)

#### 6A ICAC’s use of unlawful surveillance device recordings—the Act, s 59(2) 6A ICAC’s use of unlawful surveillance device recordings—the Act, s 59(2) > > (1) This section applies to a private conversation, a record or report of a private conversation or a record or report of the carrying on of an activity that is obtained by the use of a surveillance device in contravention of the Act, Part 2 by a person other than ICAC (relevant material). > > > (2) ICAC is exempt from the Act, Part 2 in relation to ICAC obtaining, possessing, publishing or communicating relevant material in accordance with the [Independent Commission Against Corruption Act 1988](/view/html/inforce/current/act-1988-035). > > > (3) If ICAC relies on the exemption in subsection (2) in the course of an investigation under the [Independent Commission Against Corruption Act 1988](/view/html/inforce/current/act-1988-035), any report relating to the investigation prepared by ICAC under that Act, section 74 must include a statement to that effect. > > > (4) This section is repealed at the end of 31 December 2026. > > > (5) In this section— > > > > ICAC means the Independent Commission Against Corruption and includes an officer of the Commission. > > Note— > > The [Surveillance Devices Amendment (ICAC) Regulation 2026](/view/pdf/asmade/sl-2026-85) amended subsection (4) by replacing “30 June 2026” with “31 December 2026”. The Act, section 59(3) provides that the amendment takes effect on and from the expiry of the period during which either House of Parliament may, under the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015), section 41, disallow the regulation. > > **s 6A:** Ins 2023 (462), Sch 1. Am 2025 (487), Sch 1\[1\] \[2\]; 2026 (85), Sch 1\[1\] \[2\].