The proper test for production of material subject to public interest immunity claims by police in criminal proceedings is whether there is a 'reasonable possibility' that the material would materially assist the defence — not whether it is 'on the cards'. Face-to-face conversations captured by hidden listening devices installed under State warrant do not become 'communications passing over a telecommunications system' under s 7 of the Telecommunications (Interception) Act 1979 (Cth) merely because they are transmitted telephonically to a remote police listening post; the Commonwealth legislation protects communications between users of the telecommunications system, not eavesdropping on private conversations.
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