Commonwealth Consolidated Acts

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TELECOMMUNICATIONS ACT 1997 - SECT 277

Primary disclosure/use offence--eligible number-database persons

Current eligible number‑database persons

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

                     (a)  relates to:

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

                             (ii)  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 number‑database operator--in connection with the person's business as such an operator; or

                             (ii)  if the person is an employee of a number‑database operator--because the person is employed by the operator in connection with its business as such an operator; or

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

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

Former eligible number‑database persons

             (2)  A person who has been an eligible number‑database 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 number‑database operator--in connection with the person's business as such an operator; or

                             (ii)  if the person was an employee of a number‑database operator--because the person was employed by the operator in connection with its business as such an operator; or

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

                            (iv)  if the person was an employee of a number‑database 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 .



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