Commonwealth Consolidated Acts

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TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 135

Dealing in information by employees of carriers

Communicating information to the appropriate criminal law-enforcement agency

             (1)  An employee of a carrier may communicate information obtained by accessing stored communications under a stored communications warrant to:

                     (a)  the officer of the criminal law-enforcement agency who applied for the warrant on the agency's behalf; or

                     (b)  an officer of the agency in relation to whom an authorisation under subsection (2) by the chief officer of the agency is in force in relation to the warrant.

             (2)  The chief officer of a criminal law-enforcement agency may authorise in writing officers, or classes of officers, of the agency to receive information obtained by accessing stored communications under stored communications warrants, or classes of such warrants, issued to the agency.

Information relating to operation of networks etc.

             (3)  An employee of a carrier may communicate or make use of, or cause to be communicated, lawfully accessed information or information that has been obtained by accessing a stored communication in contravention of subsection 108(1) if:

                     (a)  the employee does so in the performance of his or her duties as such an employee; and

                     (b)  the information relates to:

                              (i)  the operation or maintenance of a telecommunications network operated by the carrier; or

                             (ii)  the supply of services by the carrier by means of a telecommunications network.

             (4)  An employee of a carrier may communicate or cause to be communicated to another carrier, or to an employee of another carrier, lawfully accessed information or information that has been obtained by accessing a stored communication in contravention of subsection 108(1) if:

                     (a)  the communication of the information is for the purpose of the carrying on by the other carrier of its business relating to the supply of services by means of a telecommunications network operated by the other carrier; and

                     (b)  the information relates to:

                              (i)  the operation or maintenance of a telecommunications network operated by the other carrier; or

                             (ii)  the supply of services by the other carrier by means of a telecommunications network.

Preservation notice information

          (4A)  An employee of a carrier may, in the performance of his or her duties as such an employee, communicate or make use of, or cause to be communicated, preservation notice information if:

                     (a)  the employee does so in the performance of his or her duties as such an employee; and

                     (b)  the information is reasonably necessary to enable the carrier to comply with the preservation notice.

          (4B)  An employee of a carrier may communicate or cause to be communicated to another carrier, or to an employee of another carrier, preservation notice information if the information is reasonably necessary to enable the carrier to comply with the preservation notice.

Stored communications warrant information

             (5)  An employee of a carrier may, in the performance of his or her duties as such an employee, communicate or make use of, or cause to be communicated, stored communications warrant information if:

                     (a)  the employee does so in the performance of his or her duties as such an employee; and

                     (b)  the information is reasonably necessary to enable access to a stored communication under a stored communications warrant.

             (6)  An employee of a carrier may communicate or cause to be communicated to another carrier, or to an employee of another carrier, stored communications warrant information if the information is reasonably necessary to enable access to a stored communication under a stored communications warrant.



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