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TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 76

Giving information in evidence in criminal proceedings under this Act

             (1)  A person may give information obtained by intercepting a communication in contravention of subsection 7(1) in evidence in a proceeding by way of a prosecution for:

                     (a)  an offence against subsection 7(1) constituted by the interception, or by authorising, suffering or permitting, or doing any act or thing to enable, the interception;

                     (b)  an offence against section 63 constituted by communicating to a person, making use of, making a record of, or giving in evidence in a proceeding, information obtained by the interception; or

                     (c)  an ancillary offence relating to an offence of a kind referred to in paragraph (a) or (b) of this subsection.

             (2)  A person may give interception warrant information in evidence in a proceeding by way of a prosecution for:

                     (a)  an offence against subsection 7(1); or

                     (b)  an offence against section 63; or

                     (c)  an ancillary offence relating to an offence of a kind referred to in paragraph (a) or (b) of this subsection.



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