Non-compliance with s 178 of the Telecommunications (Interception and Access) Act 1979 (Cth) does not render telephone metadata evidence inadmissible; the consequence of non-compliance is that the carrier may be liable to a summary penalty under s 277(3) of the Telecommunications Act 1997 (Cth). Where a finding is an indispensable link in the chain of circumstantial reasoning to guilt, that finding must be made beyond reasonable doubt; a finding on the balance of probabilities is insufficient and fatal to the conviction.
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