Commonwealth Consolidated Acts

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TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 147

Accessed material inadmissible except as provided

             (1)  Neither information, nor a record, obtained by accessing a stored communication is admissible in evidence in a proceeding except in so far as section 143, 144, 145 or 146 permits a person to give in evidence in that proceeding information so obtained.

             (2)  Subsection (1) of this section applies whether or not the stored communication was accessed in contravention of subsection 108(1).

             (3)  However, for the purpose of determining the extent (if any) to which section 143, 144, 145 or 146 permits a person to give in evidence in a proceeding information obtained by the access:

                     (a)  a person may communicate to another person, make use of, make a record of, or give in evidence in the last-mentioned proceeding, information so obtained; and

                     (b)  information, or a record, so obtained is admissible in evidence in the last-mentioned proceeding.



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