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.