Commonwealth Numbered Acts

TELECOMMUNICATIONS (INTERCEPTION) AMENDMENT ACT 1985 No. 8 of 1985 - SECT 4

4. After section 7B of the Principal Act the following section is inserted:
Other documents or information may be given to Stewart Royal Commission

"7BA. (1) In this section, 'unlawfully obtained material' means a document or
information arising out of or relating to the unlawful interception (whether
before or after the commencement of this section) in New South Wales of a
communication passing over a telecommunications system, being a document or
information that discloses the commission of an offence or the possible
commission of an offence against a law of the Commonwealth or a law of a
Territory.

"(2) Nothing in this Act makes it unlawful for a person who has possession of
a document or information that is unlawfully obtained material from giving
that document or communicating that information to the Honourable Donald
Gerard Stewart, being the person referred to in paragraph 7B (1) (a), in
connection with an inquiry referred to in that paragraph or any other inquiry
that the Honourable Donald Gerard Stewart is authorized to make by an
appointment made (whether before or after the commencement of this section) by
the Governor, or the Lieutenant-Governor, of the State of New South Wales or
the Governor-General, or the Administrator of the Government, of the
Commonwealth.

"(3) If unlawfully obtained material is given or communicated to the
Honourable Donald Gerard Stewart, he may make use of the material for the
purposes of any inquiry referred to in sub-section (2) and, without limiting
the generality of the foregoing, he may-

   (a)  in the case of material constituted by a document-

        (i)    show the document to a person giving evidence in the course of
               the inquiry;

        (ii)   include matter contained in the document in any report by him
               of the results of the inquiry; and

        (iii)  make such other use of the document as he considers appropriate
               for the purpose of identifying the person who made the document
               and the circumstances in which the document was made; and

   (b)  in the case of material constituted by information-

        (i)    communicate the information to a person giving evidence in the
               course of the inquiry;

        (ii)   include the information in any report by him of the results of
               the inquiry; and

        (iii)  make such other use of the information as he considers
               appropriate for the purpose of identifying the circumstances in
               which the person who gave the information to him obtained the
               information.



"(4) Where, in the course of holding an inquiry referred to in sub-section
(2), the Honourable Donald Gerard Stewart obtains a document or information
that relates, or that may relate, to the commission of an offence, or evidence
of the commission of an offence, against a law of the Commonwealth, of a State
or of a Territory, he may, if in his opinion it is appropriate so to do, give
the document or communicate the information, as the case may be, to-

   (a)  the Attorney-General of the Commonwealth, of a State or of the
        Northern Territory;

   (b)  the Director of Public Prosecutions;

   (c)  a Special Prosecutor appointed under the Special Prosecutors Act 1982
        ;

   (d)  the Commissioner of the Australian Federal Police or of the Police
        Force of a State or of the Northern Territory;

   (e)  the authority or person responsible for the administration or
        enforcement of that law; or

   (f)  the National Crime Authority.



"(5) This section has effect notwithstanding sub-section 7 (4).".

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