Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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:
(i) a provision of Division 3 (other than section 279, 285, 285A, 290, 291 or 291A); or
(ii) section 177, 178 or 179, subsection 180(3) or section 180A of the Telecommunications (Interception and Access) Act 1979 .
(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
(ca) if the disclosure is required or authorised under a warrant and paragraph 280(1)(a) applies to the disclosure:
(i) the provision of the law under which the warrant was issued; and
(ii) the name of the person who issued the warrant; and
(iii) the date of the issuing of the warrant; and
(cb) if the disclosure is required or authorised by or under law and paragraph 280(1)(b) applies to the disclosure--the provision of the law (besides paragraph 280(1)(b)) which required or authorised the disclosure; and
(d) if the disclosure is made on the grounds of an authorisation under the Telecommunications (Interception and Access) Act 1979 :
(i) the name of the person who made the authorisation; and
(ii) the date of the making of the authorisation; and
(e) if paragraph (d) does not apply and the disclosure was at the request of another body or person:
(i) the name of the body 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; and
(g) if the information or document is or includes information of a kind specified in one or more items of the table specified in subsection (5A):
(i) the numbers of those items; and
(ii) a description of the content of those items to the extent that the content relates to the information or document.
(5A) For the purposes of paragraph (5)(g), the specified table is:
(a) if a determination under subsection (5B) is in force--the table set out in that determination; or
(b) otherwise--the table in subsection 187AA(1) of the Telecommunications (Interception and Access) Act 1979 .
(5B) For the purposes of paragraph (5A)(a), the Minister may, by legislative instrument, make a determination setting out a table that specifies, in numbered items, kinds of information.
(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 contravenes this section commits 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 .