CYBERCRIME LEGISLATION AMENDMENT ACT 2012 (NO. 120, 2012) - SCHEDULE 4 Telecommunications data confidentiality
CYBERCRIME LEGISLATION AMENDMENT ACT 2012 (NO. 120, 2012) - SCHEDULE 4
Telecommunications data confidentiality
Telecommunications (Interception and Access) Act 1979
1 Subsection 171(3)
Repeal the subsection, substitute:
(3) Division 6 creates offences for certain disclosures and uses of information and documents.
2 Division 6 of Part 4-1 (heading)
Repeal the heading, substitute:
Division 6 -- Disclosure/use offences
3 Before section 182
Insert:
181A Disclosure/use offences: authorisations under Division 3
Disclosures
(1) A person commits an offence if:
(a) the person discloses information; and
(b) the information is about any of the following:
(i) whether an authorisation under Division 3 has been, or is being, sought;
(ii) the making of such an authorisation;
(iii) the existence or non-existence of such an authorisation;
(iv) the revocation of such an authorisation;
(v) the notification of such a revocation.
Penalty: Imprisonment for 2 years.
(2) A person commits an offence if:
(a) the person discloses a document; and
(b) the document consists (wholly or partly) of any of the following:
(i) an authorisation under Division 3;
(ii) the revocation of such an authorisation;
(iii) the notification of such a revocation.
Penalty: Imprisonment for 2 years.
(3) Paragraphs (1)(a) and (2)(a) do not apply to a disclosure of information or a document if:
(a) the disclosure is for the purposes of the authorisation, revocation or notification concerned; or
(b) the disclosure is reasonably necessary:
(i) to enable the Organisation to perform its functions; or
(ii) to enforce the criminal law; or
(iii) to enforce a law imposing a pecuniary penalty; or
(iv) to protect the public revenue.
Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code ).
Uses
(4) A person commits an offence if:
(a) the person uses information; and
(b) the information is about any of the following:
(i) whether an authorisation under Division 3 has been, or is being, sought;
(ii) the making of such an authorisation;
(iii) the existence or non-existence of such an authorisation;
(iv) the revocation of such an authorisation;
(v) the notification of such a revocation.
Penalty: Imprisonment for 2 years.
(5) A person commits an offence if:
(a) the person uses a document; and
(b) the document consists (wholly or partly) of any of the following:
(i) an authorisation under Division 3;
(ii) the revocation of such an authorisation;
(iii) the notification of such a revocation.
Penalty: Imprisonment for 2 years.
(6) Paragraphs (4)(a) and (5)(a) do not apply to a use of information or a document if:
(a) the use is for the purposes of the authorisation, revocation or notification concerned; or
(b) the use is reasonably necessary:
(i) to enable the Organisation to perform its functions; or
(ii) to enforce the criminal law; or
(iii) to enforce a law imposing a pecuniary penalty; or
(iv) to protect the public revenue.
Note: A defendant bears an evidential burden in relation to the matter in subsection (6) (see subsection 13.3(3) of the Criminal Code ).
181B Disclosure/use offences: certain authorisations under Division 4
Disclosures
(1) A person commits an offence if:
(a) the person discloses information; and
(b) the information is about any of the following:
(i) whether an authorisation under Division 4 (other than under section 178A) has been, or is being, sought;
(ii) the making of such an authorisation;
(iii) the existence or non-existence of such an authorisation;
(iv) the revocation of such an authorisation;
(v) the notification of such a revocation.
Penalty: Imprisonment for 2 years.
(2) A person commits an offence if:
(a) the person discloses a document; and
(b) the document consists (wholly or partly) of any of the following:
(i) an authorisation under Division 4 (other than under section 178A);
(ii) the revocation of such an authorisation;
(iii) the notification of such a revocation.
Penalty: Imprisonment for 2 years.
(3) Paragraphs (1)(a) and (2)(a) do not apply to a disclosure of information or a document if:
(a) the disclosure is for the purposes of the authorisation, revocation or notification concerned; or
(b) the disclosure is reasonably necessary:
(i) to enable the Organisation to perform its functions; or
(ii) to enforce the criminal law; or
(iii) to enforce a law imposing a pecuniary penalty; or
(iv) to protect the public revenue.
Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code ).
Uses
(4) A person commits an offence if:
(a) the person uses information; and
(b) the information is about any of the following:
(i) whether an authorisation under Division 4 (other than under section 178A) has been, or is being, sought;
(ii) the making of such an authorisation;
(iii) the existence or non-existence of such an authorisation;
(iv) the revocation of such an authorisation;
(v) the notification of such a revocation.
Penalty: Imprisonment for 2 years.
(5) A person commits an offence if:
(a) the person uses a document; and
(b) the document consists (wholly or partly) of any of the following:
(i) an authorisation under Division 4 (other than under section 178A);
(ii) the revocation of such an authorisation;
(iii) the notification of such a revocation.
Penalty: Imprisonment for 2 years.
(6) Paragraphs (4)(a) and (5)(a) do not apply to a use of information or a document if:
(a) the use is for the purposes of the authorisation, revocation or notification concerned; or
(b) the use is reasonably necessary:
(i) to enforce the criminal law; or
(ii) to enforce a law imposing a pecuniary penalty; or
(iii) to protect the public revenue.
Note: A defendant bears an evidential burden in relation to the matter in subsection (6) (see subsection 13.3(3) of the Criminal Code ).
Note: The heading to section 182 is altered by adding at the end " : disclosures under Division 4 ".
4 Application
Sections 181A and 181B of the Telecommunications (Interception and Access) Act 1979 apply in relation to a disclosure, or use, of information or a document on or after the commencement of this Schedule whether the information or document came into existence before, on or after that commencement.