Commonwealth Consolidated Acts Commonwealth Consolidated ActsPermitted uses--general
(1) Sections 276 and 277 do not prohibit a use by a person of information or a document if:
(a) the information or document relates to information (other than information relating to an unlisted telephone number) contained in an integrated public number database; and
(b) the information or document relates to:
(i) carriage services supplied, or intended to be supplied, to another person by a carrier or carriage service provider; or
(ii) the affairs or personal particulars of another person (other than an address relating to an unlisted telephone number); and
(c) the use is made for purposes connected with:
(i) the provision of directory assistance services by or on behalf of a carriage service provider; or
(ii) the publication and maintenance of a public number directory.
Permitted disclosures--general
(1A) Sections 276 and 277 do not prohibit a disclosure by a person of information or a document if:
(a) the information or document relates to information (other than information relating to an unlisted telephone number) contained in an integrated public number database; and
(b) the information or document relates to:
(i) carriage services supplied, or intended to be supplied, to another person by a carrier or carriage service provider; or
(ii) the affairs or personal particulars of another person (other than an address relating to an unlisted telephone number); and
(c) the disclosure is made to another person for purposes connected with:
(i) the provision of directory assistance services by or on behalf of a carriage service provider; or
(ii) the publication and maintenance of a public number directory; or
(iv) the conduct of research of a kind specified in an instrument under subsection (3); and
(d) if the disclosure to the other person is for a purpose covered by subparagraph (c)(ii) or (iv)--the other person holds an authorisation in force under the integrated public number database scheme permitting the other person to use and disclose the information or document.
Permitted uses and disclosures--calls to emergency service numbers
(1B) Sections 276 and 277 do not prohibit a use or disclosure by a person of information or a document if:
(a) the information or document relates to information contained in an integrated public number database; and
(b) the information or document relates to:
(i) carriage services supplied, or intended to be supplied, to another person by a carrier or carriage service provider; or
(ii) the affairs or personal particulars of another person; and
(c) the use or disclosure is made for purposes connected with dealing with the matter or matters raised by a call to an emergency service number; and
(d) it is unreasonable or impracticable to obtain the other person's consent to the disclosure or use.
(2) In this section:
"business" includes a venture or concern in trade or commerce, whether or not conducted on a regular, repetitive or continuous basis.
"educational institution" includes:
(a) a pre - school; and
(b) a school; and
(c) a college; and
(d) a university.
"integrated public number database" means:
(a) an integrated public number database maintained by Telstra Limited as mentioned in Part 4 of Schedule 2; or
(b) an integrated public number database maintained by a person as mentioned in section 472.
"public number" means a number specified for use in connection with the supply of carriage services to the public in Australia (within the meaning of subsection 456(2)), but does not include an unlisted number.
"public number directory" means a record:
(a) that contains either or both of the following:
(i) the names of persons and their public numbers (whether or not it also contains their addresses);
(ii) the names of bodies and their public numbers (whether or not it also contains their addresses); and
(b) that, in relation to a person or body that is not a qualifying entity, contains no other information about the person or body; and
(c) that, in relation to a person or body that is a qualifying entity, contains no other information about the person or body apart from information:
(i) that is of a kind specified in an instrument under subsection (4); and
(ii) that is applicable in relation to the person or body; and
(d) that:
(i) does not enable a person who only knows the public number of an end - user of a carriage service to readily identify the end - user's name and/or address; and
(ii) does not enable a person who only knows the whole or a part of the address of an end - user of a carriage service to readily identify the end - user's name and/or public number; and
(e) that satisfies each requirement specified in an instrument under subsection (5).
"qualifying entity" means:
(a) a person, or body, that is:
(i) carrying on a business; and
(ii) registered under the Australian Charities and Not - for - profits Commission Act 2012 , or not an ACNC type of entity; or
(b) a registered charity; or
(c) an educational institution that is:
(i) registered under the Australian Charities and Not - for - profits Commission Act 2012 ; or
(ii) not an ACNC type of entity; or
(e) a department of the Commonwealth, a State or a Territory; or
(f) an agency, authority or instrumentality of the Commonwealth, a State or a Territory; or
(g) any other person or body of a kind specified in an instrument under subsection (6) that is:
(i) registered under the Australian Charities and Not - for - profits Commission Act 2012 ; or
(ii) not an ACNC type of entity.
Research
(3) The Minister may, by legislative instrument, specify kinds of research for the purposes of subparagraph (1A)(c)(iv). The Minister must not specify a kind of research unless the Minister is satisfied that the kind of research is in the public interest.
Additional information in public number directory
(4) The Minister may, by legislative instrument, specify kinds of information for the purposes of subparagraph (c)(i) of the definition of public number directory in subsection (2). The Minister may specify different kinds of information in relation to different kinds of qualifying entities.
Further requirements for public number directory
(5) The Minister may, by legislative instrument, specify requirements for the purposes of paragraph (e) of the definition of public number directory in subsection (2).
Qualifying entities
(6) The Minister may, by legislative instrument, specify kinds of persons or bodies for the purposes of paragraph (g) of the definition of qualifying entity in subsection (2).