Commonwealth Numbered Acts

INTELLIGENCE AND SECURITY (CONSEQUENTIAL AMENDMENTS) ACT 1986 No. 102 of 1986 - SECT 27

27. Section 7 of the Principal Act is amended-

   (a)  by omitting sub-section (4) and substituting the following
        sub-sections:

"(4) Subject to this section, a person shall not divulge or communicate to
another person, or make use of or record, any information obtained by
intercepting a communication passing over a telecommunications system, or
obtained by virtue of a warrant issued under section 11, 11A or 21, except in
the performance of a duty of the first-mentioned person as an officer of the
Commission.
Penalty: $5,000 or imprisonment for 2 years.

"(4A) A person may communicate, make use of, or make a record of, information
of the kind referred to in sub-section (4) (other than information obtained by
virtue of a warrant issued under section 11A)-

   (a)  in or in connection with the performance by the Organization of its
        functions or otherwise for purposes of security; or

   (b)  for the purpose of narcotics inquiries that are being, or have been,
        made by members of the Australian Federal Police.

"(4B) The Director-General of Security or an officer or employee of the
Organization may, in or in connection with the performance by the Organization
of its functions-

   (a)  communicate to another person, being the Director-General of Security
        or an officer or employee of the Organization; or

   (b)  make use of, or make a record of,
information obtained by virtue of a warrant issued under section 11A.";

   (b)  by omitting from paragraph (5) (a) ", (b) or (c)" and substituting "or
        (c)";
(c) by inserting in paragraph (5) (a) "or 11A" after " section 11";

   (d)  by omitting from paragraph (5) (c) "or (b)";

   (e)  by omitting from the end of paragraph (5) (c) "and"; and

   (f)  by inserting after paragraph (5) (c) the following paragraph:

"(ca) a person to whom information obtained by virtue of a warrant issued
under section 11A has been communicated in accordance with paragraph (a) or in
accordance with an approval given under this paragraph may communicate that
information to such persons, and in such manner, as are approved in writing by
the Attorney-General; and".