> australia and america have the same agreement

This has no basis whatsoever in Australian law.

Procuring someone else to do it on your behalf is still an offence under s 7(1) of the Telecommunications (Interception and Access) Act 1979 (Cth).

TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 7

Telecommunications not to be intercepted (1) A person shall not:

  (a)   intercept;

  (b)   authorize, suffer or permit another person to intercept; or

  (c)   do any act or thing that will enable him or her or another person to intercept;

a communication passing over a telecommunications system.