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 of the Telecommunications (Interception and Access) Act 1979 (in so far as the authorisation is of a kind referred to in subsection 180(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 .