Commonwealth Numbered Acts

TELECOMMUNICATIONS ACT 1997 No. 47 of 1997 - SECT 306

(1) This section applies if:

   (a)  an eligible person or an eligible number-database person discloses
        information or a document; and

   (b)  the disclosure is authorised by a provision of Division 3 (other than
        section 279, 283, 285, 290 or 291).

(2) If the person is a carrier, carriage service provider or number- database
operator, the carrier, provider or operator must:

   (a)  make a record of the disclosure as soon as practicable after the
        disclosure and, in any event, within 5 days after the disclosure; and

   (b)  retain that record for 3 years.

(3) If the person is an associate of a carrier, carriage service provider or
number-database operator, the person must:

   (a)  make a record of the disclosure as soon as practicable after the
        disclosure and, in any event, within 5 days after the disclosure; and

   (b)  give a copy of that record to the carrier, provider or operator within
        5 days after the making of the record.

(4) If a copy of a record is given to a carrier, carriage service provider or
number-database operator under subsection (3), the carrier, provider or
operator must retain that copy for 3 years.

(5) A record made under subsection (2) or (3) must set out:

   (a)  the name of the person who disclosed the information or document
        concerned; and

   (b)  the date of the disclosure; and

   (c)  a statement of the grounds for the disclosure; and

   (d)  if the disclosure is made on the grounds of a certificate under
        subsection 282(3), (4) or (5):

        (i)    the name of the person who issued the certificate; and

        (ii)   the date of the issue of the certificate; and

   (e)  if paragraph (d) does not apply and the disclosure was at the request
        of another agency or person:

        (i)    the name of the agency or person; and

        (ii)   the date of the request; and

   (f)  if the information or document relates to the contents or substance of
        a communication that was carried by means of a carriage
        service-particulars of that carriage service.

(6) A record, or a copy of a record, may be made, given or retained under this
section:

   (a)  in written form; or

   (b)  in electronic form.

(7) A person who intentionally or recklessly contravenes this section is
guilty of an offence punishable on conviction by a fine not exceeding 300
penalty units. Note: See also sections 4AA and 4B of the Crimes Act 1914.