Commonwealth Consolidated Acts

TELECOMMUNICATIONS ACT 1997 - SECT 315H

  (1)   A person who obtains information or a document under section   314A, 314B, 314C, 314D, 315C or this subsection may disclose any of that information, or provide the document (or a copy of it), to another person for any of the following purposes:

  (a)   the assessment of the risk of unauthorised interference with, or unauthorised access to, telecommunications networks or facilities and, if there is such a risk, the assessment of the risk to security;

  (b)   the purposes of security;

  (c)   the purpose of an IGIS official exercising a power, or performing a function or duty, as an IGIS official.

Note:   The Privacy Act 1988 applies to the disclosure of personal information.

Limitation

  (2)   However, if a person obtains information or a document under section   314A, 314B, 314C, 314D, 315C or subsection   (1) of this section, the person must not disclose any of that information, or provide the document (or a copy of it), to a person who is not a Commonwealth officer, to the extent that the information is identifying information or that the document (or a copy of it) contains identifying information.

Confidentiality

  (3)   Subject to this section, a person who obtains information or a document under section   314A, 314B, 314C, 314D, 315C or this section must treat the information or document as confidential.

Definitions

  (4)   In this section:

"Commonwealth officer" means:

  (a)   a person who is in the employment of the Commonwealth, other than a person who is engaged outside Australia to perform duties outside Australia as an employee; or

  (b)   a person who holds or performs the duties of any office or position established by or under a law of the Commonwealth; or

  (c)   a member of the Australian Defence Force; or

  (d)   the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police, an AFP employee, a special member or a special protective service officer (all within the meaning of the Australian Federal Police Act 1979 ).

Note:   Paragraph   (a) of this definition covers, for example, persons employed by the Director - General of Security, on behalf of the Commonwealth, under subsection   84(1) of the Australian Security Intelligence Organisation Act 1979 .

"identifying information" means information that identifies the carrier, carriage service provider or carriage service intermediary concerned.

"security" has the same meaning as in the Australian Security Intelligence Organisation Act 1979 .