Commonwealth Consolidated Acts

TELECOMMUNICATIONS ACT 1997 - SECT 306A

  (1)   This section applies if:

  (a)   an eligible person or an eligible number - database person discloses information or a document; and

  (b)   the disclosure or disclosures are authorised by an authorisation under section   180 or 180B of the Telecommunications (Interception and Access) Act 1979 (in so far as the authorisation is of a kind referred to in subsection   180(2) or 180B(2) of that Act).

  (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 or disclosures as soon as practicable after the day on which the authorisation ceases to be in force and, in any event, within 5 days after that day; 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 or disclosures as soon as practicable after the day on which the authorisation ceases to be in force and, in any event, within 5 days after that day; 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 or persons who made the disclosure or disclosures; and

  (b)   one of the following:

  (i)   if only 1 disclosure is made because of the authorisation--the date of the disclosure;

  (ii)   if more than 1 disclosure is made because of the authorisation--the date of the first disclosure and the date of the last disclosure; and

  (c)   a statement of the grounds for the disclosure or disclosures; and

  (d)   the name of the person who made the authorisation and the date of the making of the authorisation.

  (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 .