Commonwealth Consolidated Acts

TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 139

             (1)  An officer or staff member of an enforcement agency or an eligible Commonwealth authority may, for one or more purposes referred to in subsection (2), and for no other purpose, communicate to another person, make use of, or make a record of the following:

                     (a)  lawfully accessed information other than foreign intelligence information;

                     (b)  stored communications warrant information.

             (2)  The purposes are purposes connected with:

                     (a)  an investigation by the agency or by another enforcement agency of a contravention to which subsection (3) applies; or

                     (b)  the making by an authority, body or person of a decision whether or not to begin a proceeding to which subsection (4) applies; or

                     (c)  a proceeding to which subsection (4) applies; or

                     (d)  the keeping of records by the agency under Part 3-5.

             (3)  A contravention to which this subsection applies is a contravention of a law of the Commonwealth, a State or a Territory that:

                     (a)  is a serious offence; or

                     (b)  is an offence punishable:

                              (i)  by imprisonment for a period, or a maximum period, of at least 12 months; or

                             (ii)  if the offence is committed by an individual--by a fine, or a maximum fine, of at least 60 penalty units; or

                            (iii)  if the offence cannot be committed by an individual--by a fine, or a maximum fine, of at least 300 penalty units; or

                     (c)  could, if established, render the person committing the contravention liable:

                              (i)  if the contravention were committed by an individual--to pay a pecuniary penalty of 60 penalty units or more, or to pay an amount that is the monetary equivalent of 60 penalty units or more; or

                             (ii)  if the contravention cannot be committed by an individual--to pay a pecuniary penalty of 300 penalty units or more, or to pay an amount that is the monetary equivalent of 300 penalty units or more.

             (4)  A proceeding to which this subsection applies is:

                     (a)  a proceeding by way of a prosecution for an offence of a kind referred to in paragraph (3)(a) or (b); or

                     (b)  a proceeding for the confiscation or forfeiture of property, or for the imposition of a pecuniary penalty, in connection with the commission of such an offence; or

                   (ba)  a proceeding under the Spam Act 2003 ; or

                     (c)  a proceeding for the taking of evidence pursuant to section 43 of the Extradition Act 1988 , in so far as the proceeding relates to such an offence; or

                     (d)  a proceeding for the extradition of a person from a State or a Territory to another State or Territory, in so far as the proceeding relates to such an offence; or

                     (e)  a proceeding for recovery of a pecuniary penalty for a contravention of a kind referred to in paragraph (3)(c); or

                      (f)  a police disciplinary proceeding.

             (5)  To avoid doubt, a reference in subsection (3) to a number of penalty units in relation to a contravention of a law of a State or a Territory includes a reference to an amount of a fine or pecuniary penalty that is equivalent, under section 4AA of the Crimes Act 1914 , to that number of penalty units.