Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person may, for the purposes of doing a thing authorised by a general computer access warrant:
(a) communicate general computer access intercept information to another person; or
(b) make use of general computer access intercept information; or
(c) make a record of general computer access intercept information; or
(d) give general computer access intercept information in evidence in a proceeding.
(2) A person may:
(a) communicate general computer access intercept information to another person; or
(b) make use of general computer access intercept information; or
(c) make a record of general computer access intercept information;
if the information relates, or appears to relate, to the involvement, or likely involvement, of a person in one or more of the following activities:
(d) activities that present a significant risk to a person's safety;
(e) acting for, or on behalf of, a foreign power;
(f) activities that are, or are likely to be, a threat to security;
(g) activities that pose a risk, or are likely to pose a risk, to the operational security (within the meaning of the Intelligence Services Act 2001 ) of ASIS (within the meaning of that Act);
(ga) activities that pose a risk, or are likely to pose a risk, to the operational security (within the ordinary meaning of that expression) of the Organisation or of AGO or ASD (within the meanings of the Intelligence Services Act 2001 );
(h) activities related to the proliferation of weapons of mass destruction or the movement of goods listed from time to time in the Defence and Strategic Goods List (within the meaning of regulation 13E of the Customs (Prohibited Exports) Regulations 1958 );
(i) activities related to a contravention, or an alleged contravention, by a person of a UN sanction enforcement law (within the meaning of the Charter of the United Nations Act 1945 ).
Communications etc. for the purposes of integrity body officials
(3) A person may:
(a) communicate information referred to in subsection (4) to a person; or
(b) make use of, or make a record of, that information;
in connection with:
(c) the performance by an Ombudsman official or IGIS official of the official's functions or duties; or
(d) the exercise by an Ombudsman official or IGIS official of the official's powers.
(3A) A person may, in connection with the performance of a function or duty, or the exercise of a power, of:
(a) the Inspector of the National Anti - Corruption Commission; or
(b) a person assisting the NACC Inspector;
communicate to the Inspector or the person assisting (as the case requires), or make use of, or make a record of, general computer access intercept information.
(4) The information that may be communicated, used or recorded under subsection (3) is:
(a) general computer access intercept information; or
(b) information that was obtained by intercepting a communication passing over a telecommunications system if:
(i) the interception was purportedly for the purposes of doing a thing specified in a general computer access warrant; and
(ii) the interception was not authorised by the general computer access warrant.
(4A) The Inspector of the National Anti - Corruption Commission or a person assisting the NACC Inspector may, in connection with:
(a) the performance of their functions or duties; or
(b) the exercise of their powers;
communicate to another person, or make use of, or make a record of, general computer access intercept information.
(5) Despite subsections 13.3(2) and (3) of the Criminal Code , in a prosecution for an offence against section 63 of this Act, an Ombudsman official does not bear an evidential burden in relation to the matters in subsection (3) of this section.
Note: An IGIS official also does not bear an evidential burden in relation to the matters in subsection (3) of this section (see section 34C of the Inspector - General of Intelligence and Security Act 1986 ).
(5A) If:
(a) information was obtained by intercepting a communication passing over a telecommunications system; and
(b) the interception was purportedly for the purposes of doing a thing specified in a general computer access warrant; and
(c) the interception was not authorised by the general computer access warrant;
then:
(d) a person may, in connection with the performance of a function or duty, or the exercise of a power, of:
(i) the Inspector of the National Anti - Corruption Commission; or
(ii) a person assisting the NACC Inspector;
communicate to the Inspector or the person assisting (as the case requires), or make use of, or make a record of, that information; and
(e) the Inspector of the National Anti - Corruption Commission or a person assisting the NACC Inspector may, in connection with:
(i) the performance of their functions or duties; or
(ii) the exercise of their powers;
communicate to another person, or make use of, or make a record of, that information.