Australian Security Intelligence Organisation Act 1979

Nothing in section 26B, 27A or 27F, or in a warrant or authorisation under those sections, applies to or in relation to the use of a listening device for a purpose that would, for the purposes of the Telecommunications (Interception and Access) Act 1979, constitute the interception of a communication passing over a telecommunications system operated by a carrier or a carriage service provider.

Despite any other law of the Commonwealth, a State or a Territory (including the common law), a person acting on behalf of the Organisation does not act unlawfully by installing, using, maintaining or recovering a surveillance device if the person does so:

in accordance with a warrant issued under section 26, 26R, 27A or 27C; or

in accordance with an authorisation given under section 26G; or

in accordance with subsection 26B(5) or (6), section 26C, 26D, or 26E, or subsection 27A(3A) or (3B) or 27F(5).

Nothing in this Division makes the use, installation, maintenance or recovery by the Organisation of a surveillance device lawful if the use, installation, maintenance or recovery would be prohibited under an applicable law of the Commonwealth, a State or a Territory (including the common law), unless the Organisation does so:

in accordance with a warrant issued under section 26, 27A or 27C; or

in accordance with an authorisation given under section 26G; or

in accordance with subsection 26B(5) or (6), section 26C, 26D or 26E, or subsection 27A(3A) or (3B) or 27F(5).