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TELECOMMUNICATIONS (INTERCEPTION) ACT 1979 No. 114 of 1979 - SECT 7 Telecommunications not to be intercepted

TELECOMMUNICATIONS (INTERCEPTION) ACT 1979 No. 114 of 1979 - SECT 7

Telecommunications not to be intercepted
PART II-INTERCEPTION OF TELECOMMUNICATIONS AND TELEGRAMS
7. (1) A person shall not-

   (a)  intercept;

   (b)  authorize, suffer or permit another person to intercept; or

   (c)  do any act or thing that will enable him or another person to
        intercept, a communication passing over a telecommunications system.

Penalty: $5,000 or imprisonment for 2 years.

(2) Sub-section (1) does not apply to or in relation to-

   (a)  an act or thing done by an officer of the Commission in the course of
        his duties for or in connection with-

        (i)    the installation of any line, or the installation of any
               apparatus or equipment, used or intended for use in connection
               with a telecommunications service or the operation or
               maintenance of a telecommunications system; or

        (ii)   the identifying or tracing of any person who has contravened,
               or is suspected of having contravened or being likely to
               contravene, a provision of the Telecommunications Act 1975 or
               of any regulation or by-law in force under that Act; or

   (b)  the interception of a communication in pursuance of a warrant.

(3) The reference in sub-section (2) to a line shall be read as a reference to
a wire, cable, tube, conduit, fibre, waveguide or other physical medium
installed or maintained by or with the authority of the Commission and used,
or intended for use, in connection with a telecommunications service.

(4) A person shall not divulge or communicate to another person, or make use
of or record, any information obtained by intercepting a communication passing
over a telecommunications system, or obtained by virtue of a warrant issued
under section 11 or 21, except-

   (a)  in or in connection with the performance by the Organization of its
        functions or otherwise for purposes of security;

   (b)  for the purpose of narcotics inquiries that are being, or have been,
        made by officers of Customs; or

   (c)  in the performance of any duty of that first-mentioned person as an
        officer of the Commission.

Penalty: $5,000 or imprisonment for 2 years.

(5) Notwithstanding sub-section (4)-

   (a)  the Director-General of Security may, by himself or by an officer
        authorized by him, communicate, in accordance with paragraph 18 (3)
        (a), (b) or (c) of the
        Australian Security Intelligence Organization Act 1979, information
        obtained by intercepting a communication passing over a
        telecommunications system, or obtained by virtue of a warrant issued
        under section 11;

   (b)  the Comptroller-General of Customs may, in accordance with the
        following sub-paragraphs, by himself or by an officer of Customs
        authorized by him, communicate information obtained by intercepting a
        communication passing over a telecommunications system, or obtained by
        virtue of a warrant issued under section 21:

        (i)    where the information relates, or appears to relate, to the
               commission, or intended commission, of an offence against the
               law of the Commonwealth or of a State or Territory, being an
               offence punishable by imprisonment for life or for a period, or
               maximum period, of not less than 3 years-the information may be
               communicated to an officer of the Commonwealth Police Force or
               of the Police Force of a State or Territory; or

        (ii)   where the information relates, or appears to relate, to
               activities prejudicial to security-the information may be
               communicated to the Director-General of Security; and

   (c)  an officer of the Commonwealth Police Force or of the Police Force of
        a State or Territory may, in the course of performing his duties as
        such an officer, communicate to another officer of that Police Force
        information that was communicated to him in accordance with paragraph
        18 (3) (a) of the
        Australian Security Intelligence Organization Act 1979 or with
        sub-paragraph (b) (i) of this sub-section.

(6) Without limiting the application of sub-section (4), a person may give
information obtained by intercepting a communication passing over a
telecommunications system, or obtained by virtue of a warrant issued under
section 11 or 21, in evidence in a proceeding-

   (a)  by way of a prosecution for a narcotics offence;

   (b)  by way of a prosecution for an offence against theTelecommunications
        Act 1975 or a regulation or by-law in force under that Act;

   (c)  by way of a prosecution for any other offence against the law of the
        Commonwealth or of a State or Territory punishable by imprisonment for
        life or for a period, or maximum period, of not less than 3 years;

   (d)  by way of an application for an order under sub-section 243B (1) of
        the Customs Act 1901; or

   (e)  for the condemnation or recovery of a ship or aircraft, or of goods,
        seized under section 203 of the Customs Act 1901 in connection with
        the commission of a narcotics offence.

(7) An offence against this section may be prosecuted either summarily or upon
indictment, but-

   (a)  an offender is not liable to be punished more than once in respect of
        the same offence;

   (b)  the offence shall not be prosecuted summarily except in the name of
        the Attorney-General; and

   (c)  where the offence is prosecuted summarily, the court shall not impose
        a penalty exceeding a fine of $1,000 or imprisonment for 6 months.