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TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 63D

Dealing in information for disciplinary purposes

  (1)   This section applies to a person engaged in network protection duties in relation to a computer network if:

  (a)   the network is operated by, or on behalf of, a Commonwealth agency, security authority or eligible authority of a State; and

  (b)   the duties are of a kind referred to in paragraph   (b) of the definition of network protection duties in subsection   5(1).

  (2)   Subject to subsections   (3) and (4), the person may communicate or make use of, or cause to be communicated, lawfully intercepted information that was obtained by intercepting a communication under paragraph   7(2)(aaa) if the communication or use is for the purpose of:

  (a)   determining whether disciplinary action should be taken in relation to a use of the network by an employee, office holder or contractor of the agency or authority; or

  (b)   taking disciplinary action in relation to a use of the network by such an employee, office holder or contractor in a case where the use is not an appropriate use of the network by that employee, office holder or contractor; or

  (c)   reviewing a decision to take such disciplinary action.

Note:   See section   6AAA for when a computer network is appropriately used by such an employee, office holder or contractor.

  (3)   A person must not communicate or make use of, or cause to be communicated, lawfully intercepted information under subsection   (2) if the information was obtained by converting a communication intercepted under paragraph   7(2)(aaa) into a voice communication in the form of speech (including a communication that involves a recorded or synthetic voice).

  (4)   A person must not communicate or make use of, or cause to be communicated, lawfully intercepted information for a purpose referred to in subsection   (2) if the person would contravene another law of the Commonwealth, or a law of a State or Territory, in doing so.



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