Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 63B

Dealing in information by employees of carriers

             (1)  An employee of a carrier may, in the performance of his or her duties as such an employee, communicate or make use of, or cause to be communicated, information (being information that has been lawfully obtained or obtained by intercepting a communication in contravention of subsection 7(1)) relating to:

                     (a)  the operation or maintenance of a telecommunications network operated by the carrier; or

                     (b)  the supply of services by the carrier by means of a telecommunications network.

             (2)  An employee of a carrier may communicate or cause to be communicated to another carrier, or to an employee of another carrier, information (being information that has been lawfully obtained or obtained by intercepting a communication in contravention of subsection 7(1)) relating to:

                     (a)  the operation or maintenance of a telecommunications network operated by the other carrier; or

                     (b)  the supply of services by the other carrier by means of a telecommunications network;

if the communication of the information is for the purpose of the carrying on by the other carrier of its business relating to the supply of services by means of a telecommunications network operated by the other carrier.

             (3)  An employee of a carrier may, in the performance of his or her duties as such an employee, communicate or make use of, or cause to be communicated, interception warrant information if the information is reasonably necessary to enable the interception of a communication under a warrant.

             (4)  An employee of a carrier may communicate or cause to be communicated to another carrier, or to an employee of another carrier, interception warrant information if the information is reasonably necessary to enable the interception of a communication under a warrant.

             (5)  If an employee of a carrier has obtained lawfully intercepted information under a section 31A authorisation that was given in response to an application made by the head (however described) of a security authority or a person acting as that head, the employee may:

                     (a)  communicate the information to:

                              (i)  an employee of the security authority; or

                             (ii)  another employee of the carrier; or

                            (iii)  if the authorisation covers the employees of one or more other carriers--an employee of any of those other carriers; or

                     (b)  make use of the information; or

                     (c)  make a record of the information;

if:

                     (d)  the employee does so for the purposes of the development or testing of technologies, or interception capabilities, to which the authorisation relates; and

                     (e)  the communication or use of the information, or the making of the record, as the case may be, does not contravene a condition to which the authorisation is subject.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback