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TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 180H

Enforcement agencies

  (1)   An authorised officer of an enforcement agency must not make an authorisation under section   178, 178A, 179 or 180 that would authorise the disclosure of information or documents relating to a particular person if:

  (a)   the authorised officer knows or reasonably believes that particular person to be:

  (i)   a person who is working in a professional capacity as a journalist; or

  (ii)   an employer of such a person; and

  (b)   a purpose of making the authorisation would be to identify another person whom the authorised officer knows or reasonably believes to be a source;

unless a journalist information warrant is in force, in relation to that particular person, under which authorised officers of the agency may make authorisations under that section.

  (2)   An authorised officer of the Australian Federal Police must not make an authorisation under Division   4A that would authorise the disclosure of information or documents relating to a particular person if:

  (a)   the authorised officer knows or reasonably believes that particular person to be:

  (i)   a person who is working in a professional capacity as a journalist; or

  (ii)   an employer of such a person; and

  (b)   a purpose of making the authorisation would be to identify another person whom the authorised officer knows or reasonably believes to be a source.

  (3)   Nothing in this section affects by implication the kind of person in relation to whom a warrant (other than a journalist information warrant) may be issued under this Act.


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