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TELECOMMUNICATIONS ACT 1997 - SECT 281

Witnesses

             (1)  Division 2 does not prohibit a disclosure by a person of information or a document if the person makes the disclosure as a witness summoned to give evidence or to produce documents.

             (2)  Subject to subsection (3), this section does not apply to a disclosure of information or a document by a person as a witness in a civil proceeding if the information or document:

                     (a)  is kept, by a service provider (within the meaning of the Telecommunications (Interception and Access) Act 1979 ), solely for the purpose of complying with Part 5-1A of that Act; and

                     (b)  is not used or disclosed by the service provider for any purpose other than one or more of the following purposes:

                              (i)  complying with Part 5-1A of that Act;

                             (ii)  complying with the requirements of warrants under Chapters 2 and 3 of that Act or authorisations under Chapter 4 of that Act;

                            (iii)  complying with requests or requirements to make disclosures provided for by sections 284 to 288 of this Act;

                            (iv)  providing persons with access to their personal information in accordance with the Privacy Act 1988 ;

                             (v)  a purpose prescribed by the regulations;

                            (vi)  a purpose incidental to any of the purposes referred to in subparagraphs (i) to (v).

             (3)  Subsection (2) does not apply:

                     (a)  in circumstances of a kind prescribed by the regulations; or

                     (b)  to a disclosure to an enforcement agency (within the meaning of the Telecommunications (Interception and Access) Act 1979 ); or

                     (c)  to a disclosure that occurs during the implementation phase (within the meaning of that Act).



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