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TELECOMMUNICATIONS ACT 1997 No. 47 of 1997 - SECT 282 282 Law enforcement and protection of public revenue

TELECOMMUNICATIONS ACT 1997 No. 47 of 1997 - SECT 282

282 Law enforcement and protection of public revenue

(1) Division 2 does not prohibit a disclosure or use by a person of
information or a document if the disclosure or use is reasonably necessary for
the enforcement of the criminal law.

(2) Sections 276 and 277 do not prohibit a disclosure or use by a person of
information or a document if the disclosure or use is reasonably necessary
for:

   (a)  the enforcement of a law imposing a pecuniary penalty; or

   (b)  the protection of the public revenue.

(3) Division 2 does not prohibit a disclosure by a person of information or a
document if an authorised officer of a criminal law- enforcement agency has
certified that the disclosure is reasonably necessary for the enforcement of
the criminal law.

(4) Sections 276 and 277 do not prohibit a disclosure by a person of
information or a document if an authorised officer of:

   (a)  a criminal law-enforcement agency; or

   (b)  a civil penalty-enforcement agency; has certified that the disclosure
        is reasonably necessary for the enforcement of a law imposing a
        pecuniary penalty.

(5) Sections 276 and 277 do not prohibit a disclosure by a person of
information or a document if an authorised officer of:

   (a)  a criminal law-enforcement agency; or

   (b)  a public revenue agency; has certified that the disclosure is
        reasonably necessary for the protection of the public revenue.

(6) Subsections (3), (4) and (5) do not apply to the disclosure by a person of
information or a document that relates to:

   (a)  the contents or substance of a communication that has been carried by
        a carrier or carriage service provider; or

   (b)  the contents or substance of a communication that is being carried by
        a carrier or carriage service provider (including a communication that
        has been collected or received by such a carrier or provider for
        carriage by it but has not been delivered by it).

(7) A certificate under subsection (3), (4) or (5) must comply with such
requirements as are determined in writing by the ACA.

(8) Before making a determination under subsection (7), the ACA must consult
the Privacy Commissioner.

(9) A certificate under subsection (3), (4) or (5) may be:

   (a)  in written form; or

   (b)  in electronic form (for example, electronic mail).

(10) In this section:
agency includes a Department of the Commonwealth, a State or a Territory.
authorised officer, in relation to an enforcement agency, means a senior
officer of the agency authorised in writing by the head of the agency to give
certificates for the purposes of this section.
civil penalty-enforcement agency means an agency responsible for administering
a law imposing a pecuniary penalty.
criminal law-enforcement agency means:

   (a)  the Australian Federal Police; or

   (b)  a police force or service of a State or a Territory; or

   (c)  the National Crime Authority; or

   (d)  the New South Wales Crime Commission; or

   (e)  the Independent Commission Against Corruption of New South Wales; or

   (f)  the Criminal Justice Commission of Queensland; or

   (g)  a prescribed authority established by or under a law of the
        Commonwealth, a State or a Territory; or

   (h)  a body or organisation responsible to the Australasian Police
        Ministers' Council for the facilitation of national law enforcement
        support; and includes the National Exchange of Police Information.
enforcement agency means:

   (a)  a criminal law-enforcement agency; or

   (b)  a civil penalty-enforcement agency; or

   (c)  a public revenue agency.
officer, in relation to an enforcement agency, means:

   (a)  a member of the agency; or

   (b)  an officer, employee or member of staff of the agency.
public revenue agency means an agency responsible for the administration of a
law relating to the protection of the public revenue, and includes the
Australian Taxation Office.
senior officer, in relation to an enforcement agency, means:

   (a)  if the agency is a police force or service-a commissioned officer of
        that force or service; or

   (b)  if the agency has a senior executive service (however described)-an
        officer of that service; or

   (c)  if the agency does not have a senior executive service (however
        described)-an officer of the agency (by whatever name called) who is
        concerned in, or takes part in, the management of the agency; or

   (d)  if a group of officers of the agency perform their duties at premises
        that are:

        (i)    occupied by the agency; and

        (ii)   located at a place outside the boundaries of a capital city of
               a State or internal Territory; the most senior of that group of
               officers. For the purposes of paragraph (d), the boundaries of
               a capital city are to be ascertained in accordance with the
               regulations. However, if no regulations are in force, the
               boundary of a capital city is a circle with a 50 kilometre
               radius from the general post office of the capital city.