TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 67 Dealing for permitted purposes

TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 67

Dealing for permitted purposes in relation to an agency

  (1)   An officer or staff member of an agency may, for a permitted purpose, or permitted purposes, in relation to the agency, and for no other purpose, communicate to another person, make use of, or make a record of the following:

  (a)   lawfully intercepted information other than foreign intelligence information, general computer access intercept information, data disruption intercept information or network activity warrant intercept information;

  (b)   interception warrant information.

  (1A)   Subsection   (1) does not apply to information:

  (a)   obtained by an officer or staff member of an agency by intercepting a communication when exercising authority under a warrant issued to another agency; or

  (b)   communicated to an officer or staff member of an agency in accordance with section   66, where the information was obtained by intercepting a communication under a warrant issued to another agency; or

  (c)   that is interception warrant information in relation to a warrant issued to another agency;

unless the information has been communicated to an officer of the agency under section   68.

  (1B)   However, an officer or staff member of an agency may communicate to another person, make use of, or make a record of information mentioned in paragraph   (1A)(a), (b) or (c) for a purpose or purposes set out in subsection   (1C), and for no other purpose, if the information has not been communicated to an officer of the agency under section   68.

  (1C)   The purposes are purposes connected with:

  (a)   if the warrant under which the information was obtained relates to an investigation--the investigation; or

  (b)   if the information was obtained under a Part   5.3 warrant issued on the basis that a Part   5.3 supervisory order was in force in relation to a person--any of the following:

  (i)   achieving a Part   5.3 object;

  (ii)   determining whether the Part   5.3 supervisory order has been, or is being, complied with; or

  (c)   if the information was obtained under any Part   5.3 warrant--the performance of a function or duty, or the exercise of a power, by a person, court or other body under, or in relation to a matter arising under:

  (i)   Division   104 (control orders) or Division   105A (post - sentence orders) of the Criminal Code ; or

  (ii)   a post - sentence detention order or a post - sentence supervision order; or

  (iii)   a preventative detention order law; or

  (d)   if the information was obtained under a Part   9.10 warrant issued on the basis that a community safety supervision order was in force in relation to a person--any of the following:

  (i)   achieving a Part   9.10 object;

  (ii)   determining whether the community safety supervision order has been, or is being, complied with; or

  (e)   if the information was obtained under any Part   9.10 warrant--the performance of a function or duty, or the exercise of a power, by a person, court or other body under, or in relation to a matter arising under:

  (i)   Division   395 of the Criminal Code (community safety orders); or

  (ii)   a Part   9.10 order.

Dealing for permitted purposes in relation to an eligible Commonwealth authority

  (2)   An officer of an eligible Commonwealth authority may, for a permitted purpose, or permitted purposes, in relation to the authority, and for no other purpose, communicate to another person, make use of, or make a record of the following:

  (a)   lawfully intercepted information other than foreign intelligence information;

  (b)   interception warrant information.

Dealing for permitted purposes in relation to ASIC

  (3)   A member of ASIC or a staff member of ASIC may, for a permitted purpose, or permitted purposes, in relation to ASIC, and for no other purpose, communicate to another person, make use of, or make a record of the following:

  (a)   lawfully intercepted information other than foreign intelligence information;

  (b)   interception warrant information.

Dealing for permitted purposes in relation to NACC Inspector

  (3A)   The Inspector of the National Anti - Corruption Commission or a person assisting the NACC Inspector may, for a permitted purpose, or permitted purposes, in relation to the performance of a function or duty, or the exercise of a power, of the Inspector or the person assisting, and for no other purpose, communicate to another person, make use of, or make a record of the following:

  (a)   lawfully intercepted information other than foreign intelligence information;

  (b)   interception warrant information.