Commonwealth Consolidated Acts

TELECOMMUNICATIONS ACT 1997 - SECT 276

Current eligible persons

             (1)  An eligible person must not disclose or use any information or document that:

                     (a)  relates to:

                              (i)  the contents or substance of a communication that has been carried by a carrier or carriage service provider; or

                             (ii)  the contents or substance of a communication that is being carried by a carrier or carriage service provider (including a communication that has been collected or received by such a carrier or provider for carriage by it but has not been delivered by it); or

                            (iii)  carriage services supplied, or intended to be supplied, to another person by a carrier or carriage service provider; or

                            (iv)  the affairs or personal particulars (including any unlisted telephone number or any address) of another person; and

                     (b)  comes to the person's knowledge, or into the person's possession:

                              (i)  if the person is a carrier or carriage service provider--in connection with the person's business as such a carrier or provider; or

                             (ii)  if the person is an employee of a carrier or carriage service provider--because the person is employed by the carrier or provider in connection with its business as such a carrier or provider; or

                            (iii)  if the person is a telecommunications contractor--in connection with the person's business as such a contractor; or

                            (iv)  if the person is an employee of a telecommunications contractor--because the person is employed by the contractor in connection with its business as such a contractor.

Former eligible persons

             (2)  A person who has been an eligible person must not disclose or use any information or document that:

                     (a)  relates to a matter mentioned in paragraph (1)(a); and

                     (b)  came to the person's knowledge, or into the person's possession:

                              (i)  if the person was a carrier or carriage service provider--in connection with the person's business as such a carrier or provider; or

                             (ii)  if the person was an employee of a carrier or carriage service provider--because the person was employed by the carrier or provider in connection with its business as such a carrier or provider; or

                            (iii)  if the person was a telecommunications contractor--in connection with the person's business as such a contractor; or

                            (iv)  if the person was an employee of a telecommunications contractor--because the person was employed by the contractor in connection with its business as such a contractor.

Offence

             (3)  A person who contravenes this section is guilty of an offence punishable on conviction by imprisonment for a term not exceeding 2 years.

Note 1:       This section is subject to the exceptions in Division 3 of this Part and in Chapter 4 of the Telecommunications (Interception and Access) Act 1979 .

Note 2:       See also sections 4AA and 4B of the Crimes Act 1914 .

Scope of subsection (1)--carriage by means of electromagnetic energy

             (4)  Subparagraphs (1)(a)(i) and (ii) do not apply to a communication that is or has been carried by a carrier or carriage service provider unless the carriage was by means of, is by means of, or is proposed to be delivered by means of, guided and/or unguided electromagnetic energy.