TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 65 Dealing in information obtained by Organisation
TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 65
Dealing in information obtained by Organisation(1) The Director - General of Security may, personally, or by a person authorised by the Director - General, communicate to another person, in accordance with subsection 18(3) or (4A), or subsection 19A(4) of the Australian Security Intelligence Organisation Act 1979 the following:
(a) lawfully intercepted information other than ASIO computer access intercept information;
(b) interception warrant information.
(1A) The Director - General of Security may:
(a) personally, or by a person authorised by the Director - General of Security; and
(b) for the purposes (if any) approved by the Attorney - General in writing; and
(c) subject to the conditions (if any) specified by the Attorney - General in writing;
communicate foreign intelligence information to another person (the second person ), other than a person to whom the Director - General could communicate the information under subsection (1) or 64(2).
(1B) The second person to whom the foreign intelligence information is communicated under subsection (1A), and any other person to whom that information is communicated under this subsection, may communicate it to another person, and use and make a record of it.
(2) A person to whom foreign intelligence information has been communicated under subsection (1) may, in the proper performance or exercise of the person's functions, duties or powers :
(a) for the purposes (if any) approved, and subject to the conditions (if any) specified, by the Attorney - General in writing:
(i) communicate that information to another person (the second person ); and
(ii) use that information; and
(c) make a record of that information;
and the second person, and any other person to whom that information is communicated under this subsection may communicate it to another person, and use and make a record of it.
(3) Subsections (1), (1A), (1B) and (2) do not apply to information:
(a) obtained by a person referred to in paragraph 55(3)(c) or (d) by intercepting a communication when exercising authority under a warrant issued to an agency; or
(b) communicated, in accordance with section 66, to a person referred to in paragraph 55(3)(c); or
(c) that is interception warrant information in relation to a warrant issued to an agency;
unless the information has been communicated to the Director - General of Security under section 68.
Note: See subsection 64(4) for when the Director - General of Security may communicate information, referred to in paragraph (3)(a), (b) or (c) of this section, that has not been communicated under section 68.
(4) If lawfully intercepted information was obtained under a section 31A authorisation, subsection (1) of this section does not authorise the communication of the information in accordance with subsection 18(3) of the Australian Security Intelligence Organisation Act 1979 to:
(a) a staff member of an authority of the Commonwealth; or
(b) a staff member of an authority of a State;
unless the communication is for the purpose of the development or testing of technologies, or interception capabilities, of:
(5) If lawfully intercepted information was obtained under a section 31A authorisation, subsection (1) of this section does not authorise the communication of the information in accordance with subsection 18(4A) of the Australian Security Intelligence Organisation Act 1979 to a staff member of ASIS, ASD or AGO unless the communication is for the purpose of the development or testing of technologies, or interception capabilities, of:
(a) ASIS, ASD or AGO, as the case requires; or
(6) If lawfully intercepted information was obtained under a section 31A authorisation, subsection (1) of this section does not authorise the communication of the information in accordance with subsection 19A(4) of the Australian Security Intelligence Organisation Act 1979 to a staff member of a body referred to in paragraph 19A(1)(d) or (e) of that Act unless the communication is for the purpose of the development or testing of technologies, or interception capabilities, of:
(6A) An approval or a condition under subsection (1A) or (2) is not a legislative instrument.
(7) For the purposes of subsections (4), (5) and (6),
authority of the Commonwealth , authority of a State , ASIS , ASD , AGO and
staff member have the same respective meanings as in the
Australian Security Intelligence Organisation Act 1979 .