TELECOMMUNICATIONS ACT 1997 - SECT 306 Record of disclosures--general

TELECOMMUNICATIONS ACT 1997 - SECT 306

  (1)   This section applies if:

  (a)   an eligible person or an eligible number - database person discloses information or a document; and

  (b)   the disclosure is authorised by:

  (i)   a provision of Division   3 (other than section   279, 285, 285A, 290, 291 or 291A); or

  (ii)   section   177, 178 or 179, subsection   180(3) or section   180A of the Telecommunications (Interception and Access) Act 1979 .

  (2)   If the person is a carrier, carriage service provider or number - database operator, the carrier, provider or operator must:

  (a)   make a record of the disclosure as soon as practicable after the disclosure and, in any event, within 5 days after the disclosure; and

  (b)   retain that record for 3 years.

  (3)   If the person is an associate of a carrier, carriage service provider or number - database operator, the person must:

  (a)   make a record of the disclosure as soon as practicable after the disclosure and, in any event, within 5 days after the disclosure; and

  (b)   give a copy of that record to the carrier, provider or operator within 5 days after the making of the record.

  (4)   If a copy of a record is given to a carrier, carriage service provider or number - database operator under subsection   (3), the carrier, provider or operator must retain that copy for 3 years.

  (5)   A record made under subsection   (2) or (3) must set out:

  (a)   the name of the person who disclosed the information or document concerned; and

  (b)   the date of the disclosure; and

  (c)   a statement of the grounds for the disclosure; and

  (ca)   if the disclosure is required or authorised under a warrant and paragraph   280(1)(a) applies to the disclosure:

  (i)   the provision of the law under which the warrant was issued; and

  (ii)   the name of the person who issued the warrant; and

  (iii)   the date of the issuing of the warrant; and

  (cb)   if the disclosure is required or authorised by or under law and paragraph   280(1)(b) applies to the disclosure--the provision of the law (besides paragraph   280(1)(b)) which required or authorised the disclosure; and

  (d)   if the disclosure is made on the grounds of an authorisation under the Telecommunications (Interception and Access) Act 1979 :

  (i)   the name of the person who made the authorisation; and

  (ii)   the date of the making of the authorisation; and

  (e)   if paragraph   (d) does not apply and the disclosure was at the request of another body or person:

  (i)   the name of the body or person; and

  (ii)   the date of the request; and

  (f)   if the information or document relates to the contents or substance of a communication that was carried by means of a carriage service--particulars of that carriage service; and

  (g)   if the information or document is or includes information of a kind specified in one or more items of the table specified in subsection   (5A):

  (i)   the numbers of those items; and

  (ii)   a description of the content of those items to the extent that the content relates to the information or document.

  (5A)   For the purposes of paragraph   (5)(g), the specified table is:

  (a)   if a determination under subsection   (5B) is in force--the table set out in that determination; or

  (b)   otherwise--the table in subsection   187AA(1) of the Telecommunications (Interception and Access) Act 1979 .

  (5B)   For the purposes of paragraph   (5A)(a), the Minister may, by legislative instrument, make a determination setting out a table that specifies, in numbered items, kinds of information.

  (6)   A record, or a copy of a record, may be made, given or retained under this section:

  (a)   in written form; or

  (b)   in electronic form.

  (7)   A person who contravenes this section commits an offence punishable on conviction by a fine not exceeding 300 penalty units.

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