Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 182B

Permitted disclosure or use: journalist information warrants

    Paragraphs 182A(1)(a) and (2)(a) do not apply to a disclosure or use of information or a document if:

  (a)   the disclosure or use is for the purposes of the warrant, revocation or notification concerned; or

  (b)   the disclosure or use is reasonably necessary:

  (i)   to enable the making of submissions under section   180X; or

  (ii)   to enable a person to comply with his or her obligations under section   185D or 185E; or

  (iii)   to enable the Organisation to perform its functions; or

  (iv)   to enforce the criminal law; or

  (iva)   for the purposes of Division   105A of the Criminal Code (post - sentence orders); or

  (ivb)   for the purposes of Division   395 of the Criminal Code (community safety orders); or

  (v)   to enforce a law imposing a pecuniary penalty; or

  (vi)   to protect the public revenue; or

  (c)   in the case of a disclosure--the disclosure is:

  (i)   to an IGIS official for the purpose of exercising a power, or performing a function or duty, as an IGIS official; or

  (ii)   by an IGIS official in connection with the IGIS official exercising powers, or performing functions or duties, as an IGIS official; or

  (d)   in the case of a use--the use is by an IGIS official in connection with the IGIS official exercising powers, or performing functions or duties, as an IGIS official.

Note:   A defendant bears an evidential burden in relation to the matter in this section (see subsection   13.3(3) of the Criminal Code ).

 



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback