Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Section 276 does not prohibit a disclosure or use by a person of information or a document if:
(a) the disclosure or use is made by or on behalf of:
(i) a carrier (the first carrier ); or
(ii) a carriage service provider (the first provider ); and
(b) the disclosure or use is made for a purpose of, or is connected with, any other carrier or service provider carrying on its business as such a carrier or provider; and
(c) the information or document relates to a person (the third person ) who is a customer or former customer of:
(i) the first carrier or the first provider; or
(ii) the other carrier or the other provider; and
(d) the disclosure or use is made for a purpose of, or is connected with:
(i) the supply, or proposed supply, by the other carrier or other provider to the third person of a carriage service or a content service; or
(ii) the supply, or proposed supply, by the other carrier or other provider to the third person of goods or services for use in connection with the supply of a carriage service or a content service; or
(iii) the installation, maintenance, operation or provision of access to a telecommunications network or a facility, where the network or facility is used, or for use, by the other carrier or the other provider to supply a carriage service or a content service to the third person; and
(e) if the information or document relates to the location of:
(i) a mobile telephone handset; or
(ii) any other mobile communications device;
the third person has consented to the disclosure, or use, as the case requires, in the circumstances concerned.
(2) Section 276 does not prohibit a disclosure or use by a person of information or a document if:
(a) the disclosure or use is made by or on behalf of a carriage service provider; and
(b) the disclosure or use is made for a purpose of, or is connected with, an arrangement, or proposed arrangement, made by a carriage service intermediary for the supply of a carriage service by the provider to a third person; and
(c) the information or document relates to the third person; and
(d) the disclosure or use is made for a purpose of, or is connected with:
(i) the supply, or proposed supply, by the provider to the third person of that service; or
(ii) the supply, or proposed supply, by the provider to the third person of goods or services for use in connection with the supply of the first - mentioned service; or
(iii) the installation, maintenance, operation or provision of access to a telecommunications network or a facility, where the network or facility is used, or for use, by the provider to supply the first - mentioned service to the third person; and
(e) if the information or document relates to the location of:
(i) a mobile telephone handset; or
(ii) any other mobile communications device;
the third person has consented to the disclosure, or use, as the case requires, in the circumstances concerned.
(3) Section 276 does not prohibit a disclosure or use by a person of information or a document if:
(a) the disclosure or use is made by or on behalf of a carriage service intermediary; and
(b) the disclosure or use is made for a purpose of, or is connected with, an arrangement, or proposed arrangement, made by the intermediary for the supply of a carriage service by a carriage service provider to a third person; and
(c) the information or document relates to the third person; and
(d) the disclosure or use is made for a purpose of, or is connected with:
(i) the supply, or proposed supply, by the provider to the third person of that service; or
(ii) the supply, or proposed supply, by the provider to the third person of goods or services for use in connection with the supply of the first - mentioned service; or
(iii) the installation, maintenance, operation or provision of access to a telecommunications network or a facility, where the network or facility is used, or for use, by the provider to supply the first - mentioned service to the third person; and
(e) if the information or document relates to the location of:
(i) a mobile telephone handset; or
(ii) any other mobile communications device;
the third person has consented to the disclosure, or use, as the
case requires, in the circumstances concerned.