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TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 81

Other records to be kept by Commonwealth agencies in connection with interceptions

             (1)  The chief officer of a Commonwealth agency must cause:

                     (a)  particulars of each telephone application for a Part 2-5 warrant made by the agency; and

                     (b)  in relation to each application by the agency for a Part 2-5 warrant, a statement as to whether:

                              (i)  the application was withdrawn or refused; or

                             (ii)  a warrant was issued on the application; and

                     (c)  in relation to each Part 2-5 warrant whose authority is exercised by the agency, particulars of:

                              (i)  the warrant; and

                             (ii)  the day on which, and the time at which, each interception under the warrant began; and

                            (iii)  the duration of each such interception; and

                            (iv)  the name of the person who carried out each such interception; and

                             (v)  in relation to a named person warrant--each service to or from which communications have been intercepted under the warrant; and

                     (d)  in relation to each restricted record (other than a restricted record that is a record of a communication that was intercepted under paragraph 7(2)(aaa)) that has at any time been in the agency's possession, particulars of:

                              (i)  if the restricted record is a record obtained by an interception under a warrant issued to the agency--that warrant; and

                             (ii)  each occasion when the restricted record came (whether by its making or otherwise) to be in the agency's possession; and

                            (iii)  each occasion (if any) when the restricted record ceased (whether by its destruction or otherwise) to be in the agency's possession; and

                            (iv)  each other agency or other body (if any) from or to which, or other person (if any) from or to whom, the agency received or supplied the restricted record; and

                     (e)  particulars of each use made by the agency of lawfully intercepted information; and

                      (f)  particulars of each communication of lawfully intercepted information by an officer of the agency to a person or body other than such an officer; and

                     (g)  particulars of each occasion when, to the knowledge of an officer of the agency, lawfully intercepted information was given in evidence in a relevant proceeding in relation to the agency; and

                     (h)  particulars of each reconsideration by the chief officer under paragraph 103B(4)(a) that does not result in the chief officer giving advice under paragraph 103B(4)(b);

to be recorded in writing or by means of a computer as soon as practicable after the happening of the events to which the particulars relate or the statement relates, as the case may be.

             (2)  If a Part 2-5 warrant is a named person warrant, the particulars referred to in subparagraph (1)(c)(ii) must indicate the service in respect of which each interception occurred.

          (2A)  If:

                     (a)  the Organisation is exercising the authority conferred by a Part 2-5 warrant issued to a Commonwealth agency; and

                     (b)  the Commonwealth agency does not have the particulars referred to in subparagraph (1)(c)(ii), (iii) or (iv), or paragraph (1)(d);

the Director-General of Security must:

                     (c)  cause those particulars to be recorded in accordance with subsections (1) and (2); and

                     (d)  give the records produced to the chief officer of the Commonwealth agency to which the Part 2-5 warrant was issued.

             (3)  The chief officer of a Commonwealth agency must cause to be kept in the agency's records each record that the chief officer has caused to be made, or is given, under this section.



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