9ARecording and monitoring of communications

#### 9A Recording and monitoring of communications 9A Recording and monitoring of communications > > (1) This section applies if a memorandum of understanding in relation to a participant contains a provision of the kind referred to in section 8(2)(c2). > > > (2) The Commissioner of Police may record or monitor the participant’s communications with another person, other than the following persons— > > > > > (a) the participant’s legal representative, > > > > > (b) a member of staff of the Commission, > > > > > (c) the Inspector, > > > > > (d) a member of the NSW Police Force who is exercising functions in relation to police misconduct investigations. > > > (3) The following must not be used in legal proceedings against a person who is not the participant— > > > > > (a) a recording obtained in accordance with the memorandum of understanding, > > > > > (b) a transcript or report of the recording. > > > (4) Subsection (2) does not authorise the Commissioner of Police to intercept communications passing over a telecommunications system. > > **s 9A:** Ins 2024 No 89, Sch 1\[13\].