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TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 65

Dealing in information obtained by Organisation

             (1)  The Director-General of Security may, personally, or by a person authorised by the Director-General, communicate to another person, in accordance with subsection 18(3) or (4A), or subsection 19A(4) of the Australian Security Intelligence Organisation Act 1979 the following:

                     (a)  lawfully intercepted information other than ASIO computer access intercept information;

                     (b)  interception warrant information.

             (2)  A person to whom foreign intelligence information has been communicated in accordance with subsection (1), or in accordance with an approval given under this subsection, may:

                     (a)  communicate that information to such persons, and in such manner, as are approved in writing by the Attorney-General; and

                     (b)  use that information for such purposes as are approved in writing by the Attorney-General; and

                     (c)  make a record of that information.

             (3)  Subsections (1) and (2) do not apply to information:

                     (a)  obtained by a person referred to in paragraph 55(3)(c) or (d) by intercepting a communication when exercising authority under a warrant issued to an agency; or

                     (b)  communicated, in accordance with section 66, to a person referred to in paragraph 55(3)(c); or

                     (c)  that is interception warrant information in relation to a warrant issued to an agency;

unless the information has been communicated to the Director-General of Security under section 68.

Note:          See subsection 64(4) for when the Director-General of Security may communicate information, referred to in paragraph (3)(a), (b) or (c) of this section, that has not been communicated under section 68.

             (4)  If lawfully intercepted information was obtained under a section 31A authorisation, subsection (1) of this section does not authorise the communication of the information in accordance with subsection 18(3) of the Australian Security Intelligence Organisation Act 1979 to:

                     (a)  a staff member of an authority of the Commonwealth; or

                     (b)  a staff member of an authority of a State;

unless the communication is for the purpose of the development or testing of technologies, or interception capabilities, of:

                     (c)  that authority; or

                     (d)  the Organisation.

             (5)  If lawfully intercepted information was obtained under a section 31A authorisation, subsection (1) of this section does not authorise the communication of the information in accordance with subsection 18(4A) of the Australian Security Intelligence Organisation Act 1979 to a staff member of ASIS, ASD or AGO unless the communication is for the purpose of the development or testing of technologies, or interception capabilities, of:

                     (a)  ASIS, ASD or AGO, as the case requires; or

                     (b)  the Organisation.

             (6)  If lawfully intercepted information was obtained under a section 31A authorisation, subsection (1) of this section does not authorise the communication of the information in accordance with subsection 19A(4) of the Australian Security Intelligence Organisation Act 1979 to a staff member of a body referred to in paragraph 19A(1)(d) or (e) of that Act unless the communication is for the purpose of the development or testing of technologies, or interception capabilities, of:

                     (a)  that body; or

                     (b)  the Organisation.

          (6A)  An approval under subsection (2) is not a legislative instrument.

             (7)  For the purposes of subsections (4), (5) and (6), authority of the Commonwealth , authority of a State , ASIS , ASD , AGO and staff member have the same respective meanings as in the Australian Security Intelligence Organisation Act 1979 .



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