TELECOMMUNICATIONS ACT 1997 - SECT 317ZF Unauthorised disclosure of information

in connection with the IGIS official exercising powers, or performing functions or duties, as an IGIS official.

Authorised disclosures--Ombudsman official

(5A) An Ombudsman official may disclose:

in connection with the Ombudsman official exercising powers, or performing functions or duties, as an Ombudsman official.

(5B) If a technical assistance notice is given by the chief officer of an interception agency of a State or Territory, an Ombudsman official may disclose technical assistance notice information that relates to the notice to an officer or employee of an authority that is the State or Territory inspecting authority in relation to the interception agency, so long as the disclosure is in connection with the officer or employee exercising powers, or performing functions or duties, as an officer or employee of the State or Territory inspecting authority.

(5C) If a technical assistance request is given by the chief officer of an interception agency of a State or Territory, an Ombudsman official may disclose technical assistance request information that relates to the request to an officer or employee of an authority that is the State or Territory inspecting authority in relation to the interception agency, so long as the disclosure is in connection with the officer or employee exercising powers, or performing functions or duties, as an officer or employee of the State or Territory inspecting authority.

Authorised disclosures--information sharing

(6) The Director - General of Security or a Communications Access Coordinator may disclose information that is:

to the chief officer of an interception agency for purposes relating to the performance of functions, or the exercise of powers, by the interception agency.

(7) The chief officer of an interception agency may disclose information that is:

to the chief officer of another interception agency for purposes relating to the performance of functions, or the exercise of powers, by the other interception agency.

(8) The Director - General of Security, the Director - General of the Australian Signals Directorate or the chief officer of an interception agency may disclose information that is:

to the Director - General of the Australian Secret Intelligence Service for purposes relating to the performance of functions, or the exercise of powers, by the Australian Secret Intelligence Service.

(9) The Director - General of Security, the Director - General of the Australian Secret Intelligence Service or the chief officer of an interception agency may disclose information that is:

to the Director - General of the Australian Signals Directorate for purposes relating to the performance of functions, or the exercise of powers, by the Australian Signals Directorate.

(10) A Communications Access Coordinator, the Director - General of the Australian Secret Intelligence Service, the Director - General of the Australian Signals Directorate or the chief officer of an interception agency may disclose information that is:

to the Director - General of Security for purposes relating to the performance of functions, or the exercise of powers, by ASIO.

(11) The Director - General of Security or the chief officer of an interception agency may disclose information that is:

to a Communications Access Coordinator for purposes relating to the performance of functions, or the exercise of powers, by a Communications Access Coordinator.

(12) Before disclosing information under subsection (6), (7), (8), (9) or (10), the Director - General of Security, the Director - General of the Australian Secret Intelligence Service, the Director - General of the Australian Signals Directorate or the chief officer of an interception agency, as the case requires, must notify a Communications Access Coordinator of the proposed disclosure.

Authorised disclosures--Communications Access Coordinator

(12A) If:

(a) the Attorney - General has given a technical capability notice; and

(b) the acts or things specified in the notice:

(i) are directed towards ensuring that a designated communications provider is capable of giving listed help (within the meaning of section 317T) to an interception agency of a State or Territory in relation to a matter covered by paragraph 317T(2)(a); or

(ii) are by way of giving help to an interception agency of a State or Territory in relation to a matter covered by paragraph 317T(2)(b);

a Communications Access Coordinator may disclose technical capability notice information that relates to the notice to an officer or employee of an authority that is the State or Territory inspecting authority in relation to the interception agency, so long as the disclosure is in connection with the officer or employee exercising powers, or performing functions or duties, as an officer or employee of the State or Territory inspecting authority.

Authorised disclosures--State or Territory inspecting authority

(12B) If a technical assistance notice has been given to a designated communications provider by the chief officer of an interception agency of a State or Territory:

(b) an employee of the designated communications provider; or

(d) an employee of a contracted service provider of the designated communications provider;

may disclose technical assistance notice information that relates to the notice to an officer or employee of an authority that is the State or Territory inspecting authority in relation to the interception agency, so long as the disclosure is in connection with the officer or employee exercising powers, or performing functions or duties, as an officer or employee of the State or Territory inspecting authority.

(12C) If a technical assistance request has been given to a designated communications provider by the chief officer of an interception agency of a State or Territory:

(b) an employee of the designated communications provider; or

(d) an employee of a contracted service provider of the designated communications provider;

may disclose technical assistance request information that relates to the request to an officer or employee of an authority that is the State or Territory inspecting authority in relation to the interception agency, so long as the disclosure is in connection with the officer or employee exercising powers, or performing functions or duties, as an officer or employee of the State or Territory inspecting authority.

(12D) If:

(a) technical assistance notice information is disclosed under subsection (12B); or

(b) technical assistance request information is disclosed under subsection (12C);

to an officer or employee of an authority that is the State or Territory inspecting authority in relation to an interception agency, the officer or employee may disclose the information in connection with the officer or employee exercising powers, or performing functions or duties, as an officer or employee of the State or Territory inspecting authority.

Authorised disclosures--statistics

(13) A person who is:

(a) a designated communications provider; or

(b) an employee of a designated communications provider; or

(d) an employee of a contracted service provider of a designated communications provider;

may, in the person's capacity as such a provider or employee, disclose:

(e) the total number of technical assistance notices given to the provider during a period of at least 6 months; or

(f) the total number of technical capability notices given to the provider during a period of at least 6 months; or

(g) the total number of technical assistance requests given to the provider during a period of at least 6 months.

Note: This subsection authorises the disclosure of aggregate statistical information. That information cannot be broken down:

(a) by agency; or

(b) in any other way.

Other authorised disclosures

(14) If a technical assistance notice has been given to a designated communications provider by the Director - General of Security, the Director - General of Security may, if requested to do so by the designated communications provider, authorise:

(b) a specified employee of the designated communications provider; or

(d) a specified employee of a contracted service provider of the designated communications provider;

to disclose, in accordance with the conditions specified in the authorisation, specified technical assistance notice information that relates to the notice.

(15) If a technical assistance notice has been given to a designated communications provider by the chief officer of an interception agency, the chief officer may, if requested to do so by the designated communications provider, authorise:

(b) a specified employee of the designated communications provider; or

(d) a specified employee of a contracted service provider of the designated communications provider;

to disclose, in accordance with the conditions specified in the authorisation, specified technical assistance notice information that relates to the notice.

(16) If a technical capability notice has been given to a designated communications provider, the Attorney - General may, if requested to do so by the designated communications provider, authorise: