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TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 71

Dealing with information where interception suspected to be unlawful

  (1)   Where a person suspects on reasonable grounds that information (in this section called the relevant information ) obtained by intercepting a communication may tend to establish that a prescribed offence (in this section called a suspected offence ), being:

  (a)   an offence against subsection   7(1) constituted by the interception, or by authorising, suffering or permitting, or doing an act or thing to enable, the interception;

  (b)   an offence against section   63 constituted by communicating to a person, making use of, making a record of, or giving in evidence in a proceeding, information obtained by the interception; or

  (c)   an ancillary offence relating to an offence of a kind referred to in paragraph   (a) or (b) of this subsection;

has been committed, the succeeding provisions of this section have effect, whether or not the interception contravened subsection   7(1).

  (2)   The person may communicate the relevant information to:

  (a)   the Attorney - General; or

  (aa)   the Minister; or

  (b)   the Director of Public Prosecutions; or

  (c)   the Commissioner of Police; or

  (ca)   the National Anti - Corruption Commissioner; or

  (cb)   the Inspector of the National Anti - Corruption Commission; or

  (d)   the Chief Executive Officer of the ACC.

  (3)   A person to whom the relevant information is communicated in accordance with subsection   (2) may, for a purpose connected with:

  (a)   an investigation of a suspected offence;

  (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;

or for 2 or more such purposes, and for no other purpose, communicate to another person, make use of, or make a record of, some or all of the relevant information.


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