Commonwealth Consolidated Acts

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Dealing with information if access suspected to be unlawful

             (1)  A person may communicate information to the Minister, the Director of Public Prosecutions, the Commissioner of Police, the National Anti-Corruption Commissioner, the Chief Executive Officer of the ACC, the Inspector of the National Anti-Corruption Commission or a person assisting the NACC Inspector if:

                     (a)  the information was obtained by accessing a stored communication; and

                     (b)  the person suspects on reasonable grounds that the information may tend to establish that an offence of the following kind (a suspected offence ) has been committed:

                              (i)  an offence against subsection 108(1) constituted by the access, or by authorising, suffering or permitting, or doing an act or thing to enable, the access;

                             (ii)  an offence against section 133 constituted by communicating to a person, making use of, making a record of, or giving in evidence in a proceeding, information obtained by the access;

                            (iii)  an ancillary offence relating to an offence of a kind referred to in subparagraph (i) or (ii) of this paragraph.

             (2)  A person to whom the information is communicated in accordance with subsection (1) may communicate to another person, make use of, or make a record of, some or all of the information for a purpose (or 2 or more purposes) connected with:

                     (a)  an investigation of a suspected offence; or

                     (b)  the making by an authority, body or person of a decision whether or not to begin a proceeding by way of a prosecution for a suspected offence; or

                     (c)  a proceeding by way of a prosecution for a suspected offence;

and for no other purpose.

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