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TELECOMMUNICATIONS ACT 1997 - SECT 281 Witnesses

TELECOMMUNICATIONS ACT 1997 - SECT 281

Witnesses

  (1)   Division   2 does not prohibit a disclosure by a person of information or a document if the person makes the disclosure as a witness summoned to give evidence or to produce documents.

  (2)   Subject to subsection   (3), this section does not apply to a disclosure of information or a document by a person as a witness in a civil proceeding if the information or document:

  (a)   is kept, by a service provider (within the meaning of the Telecommunications (Interception and Access) Act 1979 ), solely for the purpose of complying with Part   5 - 1A of that Act; and

  (b)   is not used or disclosed by the service provider for any purpose other than one or more of the following purposes:

  (i)   complying with Part   5 - 1A of that Act;

  (ii)   complying with the requirements of warrants under Chapters   2 and 3 of that Act or authorisations under Chapter   4 of that Act;

  (iii)   complying with requests or requirements to make disclosures provided for by sections   284 to 288 of this Act;

  (iv)   providing persons with access to their personal information in accordance with the Privacy Act 1988 ;

  (v)   a purpose prescribed by the regulations;

  (vi)   a purpose incidental to any of the purposes referred to in subparagraphs   (i) to (v).

  (3)   Subsection   (2) does not apply:

  (a)   in circumstances of a kind prescribed by the regulations; or

  (b)   to a disclosure to an enforcement agency (within the meaning of the Telecommunications (Interception and Access) Act 1979 ); or

  (c)   to a disclosure that occurs during the implementation phase (within the meaning of that Act).

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