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TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 5E

Serious contraventions

             (1)  For the purposes of this Act, a serious contravention is a contravention of a law of the Commonwealth, a State or a Territory that:

                     (a)  is a serious offence; or

                     (b)  is an offence punishable:

                              (i)  by imprisonment for a period, or a maximum period, of at least 3 years; or

                             (ii)  if the offence is committed by an individual--by a fine, or a maximum fine, of at least 180 penalty units; or

                            (iii)  if the offence cannot be committed by an individual--by a fine, or a maximum fine, of at least 900 penalty units; or

                     (c)  could, if established, render the person committing the contravention liable:

                              (i)  if the contravention were committed by an individual--to pay a pecuniary penalty of 180 penalty units or more, or to pay an amount that is the monetary equivalent of 180 penalty units or more; or

                             (ii)  if the contravention cannot be committed by an individual--to pay a pecuniary penalty of 900 penalty units or more, or to pay an amount that is the monetary equivalent of 900 penalty units or more.

             (2)  Except so far as the contrary intention appears, a contravention, or a contravention of a particular kind, is taken, for the purposes of this Act, to be a contravention, or to be a contravention of that kind, as the case may be, that:

                     (a)  has been committed or is being committed; or

                     (b)  is suspected on reasonable grounds of having been committed, of being committed or of being likely to be committed.

             (3)  To avoid doubt, a reference in this section to a number of penalty units in relation to a contravention of a law of a State or a Territory includes a reference to an amount of a fine or pecuniary penalty that is equivalent, under section 4AA of the Crimes Act 1914 , to that number of penalty units.



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