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TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 77 Intercepted material and interception warrant information inadmissible except as provided

TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 77

Intercepted material and interception warrant information inadmissible except as provided

  (1)   Where a communication passing over a telecommunications system has been intercepted, whether or not in contravention of subsection   7(1), then:

  (a)   subject to paragraph   (b), neither information, nor a record, obtained by the interception is admissible in evidence in a proceeding except in so far as section   63A, 63AB, 63AC, 63AD, 63AE, 74, 75, 75A, 76 or 76A permits a person to give in evidence in that proceeding information so obtained; and

  (b)   for the purpose of determining the extent (if any) to which section   63A, 63AB, 63AC, 8580 9466">   63AD, 63AE, 74, 75, 75A, 76 or 76A permits a person to give in evidence in a proceeding information obtained by the interception:

  (i)   a person may communicate to another person, make use of, make a record of, or give in evidence in the last - mentioned proceeding, information so obtained; and

  (ii)   information, or a record, so obtained is admissible in evidence in the last - mentioned proceeding.

  (2)   Neither information, nor a record, obtained by virtue of a warrant under section   11A, 11B or 11C is admissible in evidence in a proceeding unless section   63A, 74 or 75A permits a person to give in evidence in that proceeding information obtained by virtue of the warrant.

  (3)   Interception warrant information is admissible in evidence in a proceeding only to the extent that section   63AA, 74, 75A, 76 or 76A permits a person to give interception warrant information in evidence in that proceeding.

  (4)   For the purpose of determining the extent (if any) to which section   63AA, 74, 75A, 76 or 76A permits a person to give interception warrant information in evidence in a proceeding:

  (a)   a person may:

  (i)   communicate the information to another person; or

  (ii)   make use of the information; or

  (iii)   make a record of the information; or

  (iv)   give the information in evidence in the proceeding; and

  (b)   the information is admissible in evidence in the proceeding.