Recording a telephone conversation by holding a tape recorder near the handpiece does not constitute an 'interception' under the Telecommunications (Interception) Act 1979 (Cth) because the recording is made externally to the telecommunications system. Section 7 of the Listening Devices Act 1972 (SA) is available to police officers and is not confined to non-police persons; an undercover officer who knows of and intends the recording 'uses' the listening device even where technical officers operate the equipment. The Criminal Law (Undercover Operations) Act 1995 (SA) does not create a mandatory precondition for undercover operations.
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