NCJ Number
114104
Date Published
1987
Length
9 pages
Annotation
This paper reviews Australian laws governing the use of electronic surveillance.
Abstract
Several laws currently govern the use of electronic surveillance, particularly telephone interceptions in the Commonwealth. The 1987 Telephone, Telecommunications (Interception) Amendment Act extends authority to conduct surveillance to several agencies and to State and Territory police forces in the investigation of a variety of serious crimes. The Customs Act authorizes the Federal Australian Police to use listening devices in narcotics investigations, and the Australian Security Intelligence Organization (ASIO) Act gives similar powers to ASIO officers in national security matters. The New South Wales Listening Devices Act authorizes a wide range of people to use listening devices involving a wide range of offenses. While most of these laws contain safeguards against abuses, usually judicial supervision, and provide for penalties for breaches, there is considerable inconsistency in the amount of detail given. In addition, there is a lack of uniformity in laws dealing with electronic surveillance both between and within jurisdictions. In some jurisdictions, listening devices are not subject to legislation; while in others, the legislation is at variance with Commonwealth legislation. While the 1987 Act reduces some of this inconsistency, a great deal of amendment still is necessary before a uniform approach will be achieved, particularly in the areas of optical and signal surveillance and party consensual conversations.