TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 139 Dealing for purposes of investigation etc.

TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 139

  (1)   An officer or staff member of a criminal law - enforcement agency or an eligible Commonwealth authority may, for one or more purposes referred to in subsection   (2) or (4A), and for no other purpose (other than a purpose referred to in subsection   139A(2) or 139B(2), if applicable), communicate to another person, make use of, or make a record of the following:

  (a)   lawfully accessed information other than foreign intelligence information;

  (aa)   preservation notice information;

  (b)   stored communications warrant information.

  (2)   In the case of information obtained by the agency other than through the execution of a warrant issued as a result of an international assistance application, the purposes are purposes connected with:

  (a)   an investigation by the agency or by another criminal law - enforcement agency of a contravention to which subsection   (3) applies; or

  (b)   the making by an authority, body or person of a decision whether or not to begin a proceeding to which subsection   (4) applies; or

  (c)   a proceeding to which subsection   (4) applies; or

  (d)   the keeping of records by the agency under Part   3 - 5; or

  (e)   an authorisation under any of the following provisions in respect of the information:

  (i)   subsection   13A(1) of the Mutual Assistance in Criminal Matters Act 1987 ;

  (ii)   section   69A of the International Criminal Court Act 2002 ;

  (iii)   section   25A of the International War Crimes Tribunals Act 1995 .

  (3)   A contravention to which this subsection applies is a contravention of a law of the Commonwealth, a State or a Territory that:

  (a)   is a serious offence; or

  (b)   is an offence punishable:

  (i)   by imprisonment for a period, or a maximum period, of at least 12 months; or

  (ii)   if the offence is committed by an individual--by a fine, or a maximum fine, of at least 60 penalty units; or

  (iii)   if the offence cannot be committed by an individual--by a fine, or a maximum fine, of at least 300 penalty units; or

  (c)   could, if established, render the person committing the contravention liable:

  (i)   if the contravention were committed by an individual--to pay a pecuniary penalty of 60 penalty units or more, or to pay an amount that is the monetary equivalent of 60 penalty units or more; or

  (ii)   if the contravention cannot be committed by an individual--to pay a pecuniary penalty of 300 penalty units or more, or to pay an amount that is the monetary equivalent of 300 penalty units or more.

  (4)   A proceeding to which this subsection applies is:

  (a)   a proceeding by way of a prosecution for an offence of a kind referred to in paragraph   (3)(a) or (b); or

  (b)   a proceeding for the confiscation or forfeiture of property, or for the imposition of a pecuniary penalty, in connection with the commission of such an offence; or

  (ba)   a proceeding under the Spam Act 2003 ; or

  (c)   a proceeding for the taking of evidence pursuant to section   43 of the Extradition Act 1988 , in so far as the proceeding relates to such an offence; or

  (d)   a proceeding for the extradition of a person from a State or a Territory to another State or Territory, in so far as the proceeding relates to such an offence; or

  (e)   a proceeding for recovery of a pecuniary penalty for a contravention of a kind referred to in paragraph   (3)(c); or

  (f)   a police disciplinary proceeding.

  (4A)   In the case of information obtained by the agency through the execution of a warrant issued as a result of an international assistance application, the purposes are purposes connected with:

  (a)   providing the information to the entity to which the application relates, or to an appropriate authority of that entity; or

  (b)   the keeping of records by the agency under Part   3 - 5.

  (5)   To avoid doubt, a reference in subsection   (3) to a number of penalty units in relation to a contravention of a law of a State or a Territory includes a reference to an amount of a fine or pecuniary penalty that is equivalent, under section   4AA of the Crimes Act 1914 , to that number of penalty units.