Commonwealth Consolidated Acts

TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 5F

             (1)  For the purposes of this Act, a communication:

                     (a)  is taken to start passing over a telecommunications system when it is sent or transmitted by the person sending the communication; and

                     (b)  is taken to continue to pass over the system until it becomes accessible to the intended recipient of the communication.

             (2)  However, if a communication is sent from an address on a computer network operated by or on behalf of:

                     (a)  a Commonwealth agency; or

                     (b)  a security authority; or

                     (c)  an eligible authority of a State;

the communication is taken not to start passing over a telecommunications system, for the purposes of this Act, until it is no longer under the control of any of the following:

                     (d)  any employee, member of staff or officer of the agency or authority responsible for operating, protecting or maintaining the network;

                     (e)  any employee, member of staff or officer of the agency or authority responsible for enforcement of the professional standards (however described) of the agency or authority.

             (3)  Subsection (2) ceases to have effect at the end of 12 December 2009.