Commonwealth Consolidated Acts

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

The intended recipient of a communication [see Note 1]

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

                     (a)  if the communication is addressed to an individual (either in the individual's own capacity or in the capacity of an employee or agent of another person)--the individual; or

                     (b)  if the communication is addressed to a person who is not an individual--the person; or

                     (c)  if the communication is not addressed to a person--the person who has, or whose employee or agent has, control over the telecommunications service to which the communication is sent.

             (2)  In addition to the person who is the intended recipient of a communication under subsection (1), if a communication is addressed to a person at 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;

each of the following is also an intended recipient of the communication for the purposes of this Act:

                     (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.

             (4)  If subsection (2) applies to a communication, a reference in this Act (other than in this section) to the intended recipient of the communication is taken to be a reference to an intended recipient of the communication.



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