Commonwealth Consolidated Acts

TELECOMMUNICATIONS ACT 1997 - SECT 276

Current eligible persons

  (1)   An eligible person must not disclose or use any information or document that:

  (a)   relates to:

  (i)   the contents or substance of a communication that has been carried by a carrier or carriage service provider; or

  (ii)   the contents or substance of a communication that is being carried by a carrier or carriage service provider (including a communication that has been collected or received by such a carrier or provider for carriage by it but has not been delivered by it); or

  (iii)   carriage services supplied, or intended to be supplied, to another person by a carrier or carriage service provider; or

  (iv)   the affairs or personal particulars (including any unlisted telephone number or any address) of another person; and

  (b)   comes to the person's knowledge, or into the person's possession:

  (i)   if the person is a carrier or carriage service provider--in connection with the person's business as such a carrier or provider; or

  (ii)   if the person is an employee of a carrier or carriage service provider--because the person is employed by the carrier or provider in connection with its business as such a carrier or provider; or

  (iii)   if the person is a telecommunications contractor--in connection with the person's business as such a contractor; or

  (iv)   if the person is an employee of a telecommunications contractor--because the person is employed by the contractor in connection with its business as such a contractor.

Former eligible persons

  (2)   A person who has been an eligible person must not disclose or use any information or document that:

  (a)   relates to a matter mentioned in paragraph   (1)(a); and

  (b)   came to the person's knowledge, or into the person's possession:

  (i)   if the person was a carrier or carriage service provider--in connection with the person's business as such a carrier or provider; or

  (ii)   if the person was an employee of a carrier or carriage service provider--because the person was employed by the carrier or provider in connection with its business as such a carrier or provider; or

  (iii)   if the person was a telecommunications contractor--in connection with the person's business as such a contractor; or

  (iv)   if the person was an employee of a telecommunications contractor--because the person was employed by the contractor in connection with its business as such a contractor.

Offence

  (3)   A person who contravenes this section commits an offence punishable on conviction by imprisonment for a term not exceeding 2 years.

Note 1:   This section is subject to the exceptions in Division   3 of this Part and in Chapter   4 of the Telecommunications (Interception and Access) Act 1979 .

Note 2:   See also sections   4AA and 4B of the Crimes Act 1914 .

Scope of subsection   (1)--carriage by means of electromagnetic energy

  (4)   Subparagraphs   (1)(a)(i) and (ii) do not apply to a communication that is or has been carried by a carrier or carriage service provider unless the carriage was by means of, is by means of, or is proposed to be delivered by means of, guided and/or unguided electromagnetic energy.