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TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 105

Contravention of section 7 or 63

             (1)  A person who contravenes subsection 7(1) or section 63 is guilty of an offence against that subsection or section.

             (2)  An offence against subsection 7(1) or section 63 is an indictable offence and, subject to this section, is punishable on conviction by imprisonment for a period not exceeding 2 years.

             (3)  Notwithstanding that an offence against subsection 7(1) or section 63 is an indictable offence, a court of summary jurisdiction may hear and determine proceedings in respect of such an offence if, and only if:

                     (a)  the proceedings are brought in the name of the Attorney-General or the Director of Public Prosecutions;

                     (b)  the defendant and the prosecutor consent; and

                     (c)  the court is satisfied that it is proper for the court to hear and determine proceedings in respect of the offence.

             (4)  Where, in accordance with subsection (3), a court of summary jurisdiction convicts a person of an offence against subsection 7(1) or section 63, the penalty that the court may impose is imprisonment for a period not exceeding 6 months.

             (5)  Section 15.1 (extended geographical jurisdiction--category A) of the Criminal Code applies to an offence against subsection 7(1) or section 63.



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