Primary disclosure/use offence—eligible number‑database persons

In force

Current eligible number‑database persons

(1)

An eligible number‑database person must not disclose or use any information or document that:

(a)

relates to:

(i)

carriage services supplied, or intended to be supplied, to another person by a carrier or carriage service provider; or

(ii)

the affairs or personal particulars (including any unlisted telephone number or any address) of another person; and

(b)

comes to the person’s knowledge, or into the person’s possession:

(i)

if the person is a number‑database operator—in connection with the person’s business as such an operator; or

(ii)

if the person is an employee of a number‑database operator—because the person is employed by the operator in connection with its business as such an operator; or

(iii)

if the person is a number‑database contractor—in connection with the person’s business as such a contractor; or

(iv)

if the person is an employee of a number‑database contractor—because the person is employed by the contractor in connection with its business as such a contractor.

Former eligible number‑database persons

(2)

A person who has been an eligible number‑database person must not disclose or use any information or document that:

(a)

relates to a matter mentioned in paragraph (1)(a); and

(b)

came to the person’s knowledge, or into the person’s possession:

(i)

if the person was a number‑database operator—in connection with the person’s business as such an operator; or

(ii)

if the person was an employee of a number‑database operator—because the person was employed by the operator in connection with its business as such an operator; or

(iii)

if the person was a number‑database contractor—in connection with the person’s business as such a contractor; or

(iv)

if the person was an employee of a number‑database contractor—because the person was employed by the contractor in connection with its business as such a contractor.

Offence

(3)

A person who contravenes this section commits an offence punishable on conviction by imprisonment for a term not exceeding 2 years.

Note 1:

This section is subject to the exceptions in Division 3 of this Part and in Chapter 4 of the Telecommunications (Interception and Access) Act 1979.

Note 2:

See also sections 4AA and 4B of the Crimes Act 1914.

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277 Primary disclosure/use offence—eligible number‑database persons