Authorising an authorisation for the disclosure of prospective telecommunications data
34B Authorising an authorisation for the disclosure of prospective telecommunications data
The Attorney‑General may authorise, in writing, the making of an authorisation under section 180B of the Telecommunications (Interception and Access) Act 1979 for the disclosure of information or documents if:
a Tribunal has requested the Attorney‑General to arrange for the disclosure of the information or documents; and
the information or documents come into existence during a period specified by the Tribunal, and which started on or after the day the request was made; and
the Attorney‑General is satisfied that:
a proceeding is before, or an investigation is being conducted by, the Tribunal; and
the information or documents relate to the fact of a communication passing over a telecommunications system during a period specified in the Tribunal’s request.
The information or documents will not be disclosed unless they are reasonably necessary for the investigation or proceeding (see subsection 180B(3) of that Act).
To avoid doubt, information or documents do not relate to the fact of a communication passing over a telecommunications system to the extent that the information is, or the documents contain, the contents or substance of a communication.
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