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TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 151

Obligation to keep records

             (1)  The chief officer of a criminal law-enforcement agency must cause the following, or copies of the following, to be kept in the agency's records for the period specified in subsection (3):

                     (a)  each preservation notice given by the agency, and documents or other materials that indicate whether the notice was properly given;

                     (b)  each notice under subsection 107L(3) of the revocation of such a preservation notice, and documents or other materials that indicate whether the revocation was properly made;

                     (c)  each stored communications warrant issued to the agency, and documents or other materials that indicate whether the warrant was properly applied for, including:

                              (i)  a copy of each application for such a warrant; and

                             (ii)  a copy of each affidavit supporting such an application; and

                            (iii)  documents or other materials that indicate whether the applicant for such a warrant complied with the requirements of Division 1 of Part 3-3;

                     (d)  each instrument revoking such a warrant under section 122, and documents or other materials that indicate whether the revocation was properly made;

                     (e)  documents or other materials that indicate the persons approved under subsection 127(2), and the persons appointed under subsection 127(3) to be approving officers for the purposes of subsection 127(2);

                      (f)  each authorisation by the chief officer under subsection 135(2);

                     (g)  each request for international assistance, being a request to which an international assistance application relates, and documents or other materials that indicate:

                              (i)  whether the request was made lawfully; or

                             (ii)  the offence in relation to which the request was made;

                     (h)  documents or other materials that indicate whether the communication, use or recording of lawfully accessed information (other than foreign intelligence information, preservation notice information or stored communication warrant information) complied with the requirements of Division 2 of Part 3-4;

                      (i)  documents indicating whether information or a record was destroyed in accordance with section 150;

                      (j)  each evidentiary certificate issued under this Chapter;

                     (k)  each report given to the Minister under Division 1 of Part 3-6;

                      (l)  documents and other materials of a kind prescribed under subsection (2) of this section.

             (2)  The Minister may, by legislative instrument, prescribe kinds of documents and other materials that the chief officer of a criminal law-enforcement agency must cause to be kept in the agency's records.

             (3)  The period for which the chief officer of a criminal law-enforcement agency must cause a particular item to be kept in the agency's records under subsection (1) of this section is the period:

                     (a)  starting when the item came into existence; and

                     (b)  ending:

                              (i)  when 3 years have elapsed since the item came into existence; or

                             (ii)  when the Ombudsman gives a report to the Minister under section 186J that is about records that include the item;

                            whichever happens earlier.



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