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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 Integrity Commissioner; 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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