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TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 140

Dealing with information if access suspected to be unlawful

  (1)   A person may communicate information to the Minister, the Director of Public Prosecutions, the Commissioner of Police, the National Anti - Corruption Commissioner, the Chief Executive Officer of the ACC, the Inspector of the National Anti - Corruption Commission or a person assisting the NACC Inspector if:

  (a)   the information was obtained by accessing a stored communication; and

  (b)   the person suspects on reasonable grounds that the information may tend to establish that an offence of the following kind (a suspected offence ) has been committed:

  (i)   an offence against subsection   108(1) constituted by the access, or by authorising, suffering or permitting, or doing an act or thing to enable, the access;

  (ii)   an offence against section   133 constituted by communicating to a person, making use of, making a record of, or giving in evidence in a proceeding, information obtained by the access;

  (iii)   an ancillary offence relating to an offence of a kind referred to in subparagraph   (i) or (ii) of this paragraph.

  (2)   A person to whom the information is communicated in accordance with subsection   (1) may communicate to another person, make use of, or make a record of, some or all of the information for a purpose (or 2 or more purposes) connected with:

  (a)   an investigation of a suspected offence; or

  (b)   the making by an authority, body or person of a decision whether or not to begin a proceeding by way of a prosecution for a suspected offence; or

  (c)   a proceeding by way of a prosecution for a suspected offence;

and for no other purpose.


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