TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 63AC Dealing in ASIO computer access intercept information etc.

TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 63AC

  (1)   A person may, for the purposes of doing a thing authorised by an ASIO computer access warrant:

  (a)   communicate ASIO computer access intercept information to another person; or

  (b)   make use of ASIO computer access intercept information; or

  (c)   make a record of ASIO computer access intercept information; or

  (d)   give ASIO computer access intercept information in evidence in a proceeding.

  (2)   A person may:

  (a)   communicate ASIO computer access intercept information to another person; or

  (b)   make use of ASIO computer access intercept information; or

  (c)   make a record of ASIO computer access intercept information;

if the information relates, or appears to relate, to the involvement, or likely involvement, of a person in one or more of the following activities:

  (d)   activities that present a significant risk to a person's safety;

  (e)   acting for, or on behalf of, a foreign power;

  (f)   activities that are, or are likely to be, a threat to security;

  (g)   activities that pose a risk, or are likely to pose a risk, to the operational security (within the meaning of the Intelligence Services Act 2001 ) of ASIS (within the meaning of that Act);

  (ga)   activities that pose a risk, or are likely to pose a risk, to the operational security (within the ordinary meaning of that expression) of the Organisation or of AGO or ASD (within the meanings of the Intelligence Services Act 2001 );

  (h)   activities related to the proliferation of weapons of mass destruction or the movement of goods listed from time to time in the Defence and Strategic Goods List (within the meaning of regulation   13E of the Customs (Prohibited Exports) Regulations   1958 );

  (i)   activities related to a contravention, or an alleged contravention, by a person of a UN sanction enforcement law (within the meaning of the Charter of the United Nations Act 1945 ).

  (3)   A person may, in connection with:

  (a)   the performance by an IGIS official of the IGIS official's functions or duties; or

  (b)   the exercise by an IGIS official of the IGIS official's powers;

communicate to the IGIS official, or make use of, or make a record of, ASIO computer access intercept information.

  (4)   An IGIS official may, in connection with:

  (a)   the performance by the IGIS official of the IGIS official's functions or duties; or

  (b)   the exercise by the IGIS official of the IGIS official's powers;

communicate to another person, or make use of, or make a record of, ASIO computer access intercept information.

  (5)   If:

  (a)   information was obtained by intercepting a communication passing over a telecommunications system; and

  (b)   the interception was purportedly for the purposes of doing a thing specified in an ASIO computer access warrant; and

  (c)   the interception was not authorised by the ASIO computer access warrant;

then:

  (d)   a person may, in connection with:

  (i)   the performance by an IGIS official of the IGIS official's functions or duties; or

  (ii)   the exercise by an IGIS official of the IGIS official's powers;

    communicate to the IGIS official, or make use of, or make a record of, that information; and

  (e)   an IGIS official may, in connection with:

  (i)   the performance by the IGIS official of the IGIS official's functions or duties; or

  (ii)   the exercise by the IGIS official of the IGIS official's powers;

    communicate to another person, or make use of, or make a record of, that information.

  (6)   Despite subsection   13.3(3) of the Criminal Code , in a prosecution for an offence against section   63 of this Act, an IGIS official does not bear an evidential burden in relation to the matters in subsection   (4) or (5) of this section.