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TELECOMMUNICATIONS ACT 1997 - SECT 309 Monitoring by the Information Commissioner

TELECOMMUNICATIONS ACT 1997 - SECT 309

Monitoring by the Information Commissioner

  (1)   In addition to the functions conferred on the Information Commissioner by the Privacy Act 1988 , the Information Commissioner has the function of monitoring compliance with this Division.

  (1A)   The function conferred on the Information Commissioner by subsection   (1) is a privacy function for the purposes of the Australian Information Commissioner Act 2010 .

  (2)   In particular, the function conferred on the Information Commissioner by subsection   (1) includes monitoring:

  (a)   whether a record made under section   306 or 306A sets out a statement of the grounds for a disclosure; and

  (b)   whether that statement is covered by Division   3 of this Part or Chapter   4 of the Telecommunications (Interception and Access) Act 1979 (which deal with exceptions).

  (3)   A carrier, carriage service provider or number - database operator must give the Information Commissioner such access to the records of the carrier, provider or operator as the Information Commissioner reasonably requires for the purposes of the performance of the function conferred by subsection   (1).

  (4)   The Information Commissioner may give the Minister a written report about any matters arising out of the performance of the function conferred by subsection   (1).

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