Commonwealth Consolidated Acts

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TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 79

Destruction of restricted records that are not likely to be required for a permitted purpose

             (1)  Where:

                     (a)  a restricted record (whether made before or after the commencement of this section) is in the possession of an agency (other than an eligible authority of a State in relation to which a declaration is in force under section 34); and

                     (b)  the chief officer of the agency is satisfied that the restricted record is not likely to be required for a permitted purpose in relation to the agency;

the chief officer shall cause the restricted record to be destroyed forthwith.

             (2)  In spite of subsection (1), a restricted record must not be destroyed unless the agency has received from the Secretary of the Department written notice that the entry in the General Register relating to the warrant under which the record was obtained has been inspected by the Minister.

             (3)  This section does not apply to a restricted record that is a record of a communication that was intercepted under paragraph 7(2)(aaa).



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