TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 181B Disclosure/use offences: certain authorisations under Division 4

TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 181B

Disclosures

  (1)   A person commits an offence if:

  (a)   the person discloses information; and

  (b)   the information is about any of the following:

  (i)   whether an authorisation under Division   4 (other than under section   178A) has been, or is being, sought;

  (ii)   the making of such an authorisation;

  (iii)   the existence or non - existence of such an authorisation;

  (iv)   the revocation of such an authorisation;

  (v)   the notification of such a revocation.

Penalty:   Imprisonment for 2 years.

  (2)   A person commits an offence if:

  (a)   the person discloses a document; and

  (b)   the document consists (wholly or partly) of any of the following:

  (i)   an authorisation under Division   4 (other than under section   178A);

  (ii)   the revocation of such an authorisation;

  (iii)   the notification of such a revocation.

Penalty:   Imprisonment for 2 years.

  (3)   Paragraphs   (1)(a) and (2)(a) do not apply to a disclosure of information or a document if:

  (a)   the disclosure is for the purposes of the authorisation, revocation or notification concerned; or

  (b)   the disclosure is reasonably necessary:

  (i)   to enable the Organisation to perform its functions; or

  (ia)   to enable a person to comply with his or her obligations under section   185D or 185E; or

  (ii)   to enforce the criminal law; or

  (iia)   for the purposes of Division   105A of the Criminal Code (post - sentence orders); or

  (iib)   for the purposes of Division   395 of the Criminal Code (community safety orders); or

  (iii)   to enforce a law imposing a pecuniary penalty; or

  (iv)   to protect the public revenue; or

  (c)   the disclosure is:

  (i)   to an IGIS official for the purpose of exercising a power, or performing a function or duty, as an IGIS official; or

  (ii)   by an IGIS official in connection with the IGIS official exercising powers, or performing functions or duties, as an IGIS official.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (3) (see subsection   13.3(3) of the Criminal Code ).

Uses

  (4)   A person commits an offence if:

  (a)   the person uses information; and

  (b)   the information is about any of the following:

  (i)   whether an authorisation under Division   4 (other than under section   178A) has been, or is being, sought;

  (ii)   the making of such an authorisation;

  (iii)   the existence or non - existence of such an authorisation;

  (iv)   the revocation of such an authorisation;

  (v)   the notification of such a revocation.

Penalty:   Imprisonment for 2 years.

  (5)   A person commits an offence if:

  (a)   the person uses a document; and

  (b)   the document consists (wholly or partly) of any of the following:

  (i)   an authorisation under Division   4 (other than under section   178A);

  (ii)   the revocation of such an authorisation;

  (iii)   the notification of such a revocation.

Penalty:   Imprisonment for 2 years.

  (6)   Paragraphs   (4)(a) and (5)(a) do not apply to a use of information or a document if:

  (a)   the use is for the purposes of the authorisation, revocation or notification concerned; or

  (b)   the use is reasonably necessary:

  (ia)   to enable a person to comply with his or her obligations under section   185D or 185E; or

  (i)   to enforce the criminal law; or

  (iaa)   for the purposes of Division   105A of the Criminal Code (post - sentence orders); or

  (iab)   for the purposes of Division   395 of the Criminal Code (community safety orders); or

  (ii)   to enforce a law imposing a pecuniary penalty; or

  (iii)   to protect the public revenue; or

  (c)   the use is by an IGIS official in connection with the IGIS official exercising powers, or performing functions or duties, as an IGIS official.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (6) (see subsection   13.3(3) of the Criminal Code ).