Australian Capital Territory Numbered Acts
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LISTENING DEVICES ACT 1992 (NO. 57 OF 1992) - SECT 2
Interpretation
2. In this Act, unless the contrary intention
appears—“consent” includes implied consent; “defined
offence” means—
(a) an
offence against a law of the Territory (other than the common law) punishable
by penal servitude for life or for 10 years or more; or
(b) an offence against section 164 or 165 of the
Drugs of Dependence Act 1989 ;
“hearing aid” means a device used
by a person with impaired hearing to overcome the impairment and to permit the
person to hear sounds ordinarily audible to the human ear, but no other
sounds;
“listen to” includes hear;
“listening device”
means any instrument, apparatus, equipment or device capable of being used to
listen to or to record a private conversation, but does not include a hearing
aid;
“party”, in relation to a private conversation, means—
(a) a person who speaks, or is
spoken to, in the course of the conversation; or
(b) a person who, with the consent of any of the persons who
speaks or is spoken to in the course of the conversation, listens to or
records the conversation;
“principal party”, in relation to a
private conversation, means a person who speaks, or is spoken to, in the
course of the conversation;
“private conversation” means a
conversation between persons in circumstances that may reasonably be taken to
indicate that any of the principal parties desires the conversation to be
listened to only— (a) by
themselves; or
(b) by themselves
and by some other person with the consent of each principal party to the
conversation;
“record”, in relation to a private conversation,
includes a statement prepared from such a record;
“report”, in
relation to a private conversation, includes a report of the substance,
meaning or purport of the conversation;
“this Act” includes the
regulations.
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