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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