Commonwealth Consolidated Acts

TELECOMMUNICATIONS ACT 1997 - SECT 291

             (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.