Commonwealth Consolidated Acts

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TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 79AA

Destruction of restricted records--information obtained before a Part 5.3 supervisory order came into force

             (1)  If:

                     (a)  a restricted record is in the possession of an agency; and

                     (b)  the restricted record relates to an interception authorised by a Part 5.3 supervisory order warrant; and

                     (c)  the warrant was issued for the purpose, or for purposes that include the purpose, of obtaining information that would be likely to assist in connection with determining whether the relevant Part 5.3 supervisory order, or any succeeding Part 5.3 supervisory order, has been, or is being, complied with; and

                     (d)  the interception occurred when the Part 5.3 supervisory order had been made but had not come into force; and

                     (e)  the chief officer of the agency is satisfied that none of the information obtained by the interception is likely to assist in connection with achieving a Part 5.3 object;

the chief officer of the agency must cause the restricted record to be destroyed as soon as practicable.

             (2)  Section 6T does not apply to subsection (1) of this section.



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