Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

TELECOMMUNICATIONS ACT 1997 - SECT 291

Business needs of other carriers or service providers

  (1)   Section   276 does not prohibit a disclosure or use by a person of information or a document if:

  (a)   the disclosure or use is made by or on behalf of:

  (i)   a carrier (the first carrier ); or

  (ii)   a carriage service provider (the first provider ); and

  (b)   the disclosure or use is made for a purpose of, or is connected with, any other carrier or service provider carrying on its business as such a carrier or provider; and

  (c)   the information or document relates to a person (the third person ) who is a customer or former customer of:

  (i)   the first carrier or the first provider; or

  (ii)   the other carrier or the other provider; and

  (d)   the disclosure or use is made for a purpose of, or is connected with:

  (i)   the supply, or proposed supply, by the other carrier or other provider to the third person of a carriage service or a content service; or

  (ii)   the supply, or proposed supply, by the other carrier or other provider to the third person of goods or services for use in connection with the supply of a carriage service or a content service; or

  (iii)   the installation, maintenance, operation or provision of access to a telecommunications network or a facility, where the network or facility is used, or for use, by the other carrier or the other provider to supply a carriage service or a content service to the third person; and

  (e)   if the information or document relates to the location of:

  (i)   a mobile telephone handset; or

  (ii)   any other mobile communications device;

    the third person has consented to the disclosure, or use, as the case requires, in the circumstances concerned.

  (2)   Section   276 does not prohibit a disclosure or use by a person of information or a document if:

  (a)   the disclosure or use is made by or on behalf of a carriage service provider; and

  (b)   the disclosure or use is made for a purpose of, or is connected with, an arrangement, or proposed arrangement, made by a carriage service intermediary for the supply of a carriage service by the provider to a third person; and

  (c)   the information or document relates to the third person; and

  (d)   the disclosure or use is made for a purpose of, or is connected with:

  (i)   the supply, or proposed supply, by the provider to the third person of that service; or

  (ii)   the supply, or proposed supply, by the provider to the third person of goods or services for use in connection with the supply of the first - mentioned service; or

  (iii)   the installation, maintenance, operation or provision of access to a telecommunications network or a facility, where the network or facility is used, or for use, by the provider to supply the first - mentioned service to the third person; and

  (e)   if the information or document relates to the location of:

  (i)   a mobile telephone handset; or

  (ii)   any other mobile communications device;

    the third person has consented to the disclosure, or use, as the case requires, in the circumstances concerned.

  (3)   Section   276 does not prohibit a disclosure or use by a person of information or a document if:

  (a)   the disclosure or use is made by or on behalf of a carriage service intermediary; and

  (b)   the disclosure or use is made for a purpose of, or is connected with, an arrangement, or proposed arrangement, made by the intermediary for the supply of a carriage service by a carriage service provider to a third person; and

  (c)   the information or document relates to the third person; and

  (d)   the disclosure or use is made for a purpose of, or is connected with:

  (i)   the supply, or proposed supply, by the provider to the third person of that service; or

  (ii)   the supply, or proposed supply, by the provider to the third person of goods or services for use in connection with the supply of the first - mentioned service; or

  (iii)   the installation, maintenance, operation or provision of access to a telecommunications network or a facility, where the network or facility is used, or for use, by the provider to supply the first - mentioned service to the third person; and

  (e)   if the information or document relates to the location of:

  (i)   a mobile telephone handset; or

  (ii)   any other mobile communications device;

    the third person has consented to the disclosure, or use, as the case requires, in the circumstances concerned.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback