Authorisation by or under law
280 Authorisation by or under law
Division 2 does not prohibit a disclosure or use of information or a document if:
in a case where the disclosure or use is in connection with the operation of an enforcement agency—the disclosure or use is required or authorised under a warrant; or
in any other case—the disclosure or use is required or authorised by or under law.
In applying paragraph (1)(a) to the National Anti‑Corruption Commission, the reference in that paragraph to the operation of an enforcement agency is taken to be a reference to the performance of the functions of the National Anti‑Corruption Commissioner (within the meaning of the National Anti‑Corruption Commission Act 2022).
Subject to subsection (1C), paragraph (1)(b) does not apply to a disclosure of information or a document if:
the disclosure is required or authorised because of:
a subpoena; or
a notice of disclosure; or
an order of a court;
in connection with a civil proceeding; and
the information or document is kept, by a service provider (within the meaning of the Telecommunications (Interception and Access) Act 1979), solely for the purpose of complying with Part 5‑1A of that Act; and
the information or document is not used or disclosed by the service provider for any purpose other than one or more of the following purposes:
complying with Part 5‑1A of that Act;
complying with the requirements of warrants under Chapters 2 and 3 of that Act or authorisations under Chapter 4 of that Act;
complying with requests or requirements to make disclosures provided for by sections 284 to 288 of this Act;
providing persons with access to their personal information in accordance with the Privacy Act 1988;
a purpose prescribed by the regulations;
a purpose incidental to any of the purposes referred to in subparagraphs (i) to (v).
Subsection (1B) does not apply:
in circumstances of a kind prescribed by the regulations; or
to a disclosure to an enforcement agency (within the meaning of the Telecommunications (Interception and Access) Act 1979); or
to a disclosure that occurs during the implementation phase (within the meaning of that Act).
In this section:
enforcement agency has the same meaning as in the Telecommunications (Interception and Access) Act 1979.
This provision refers to the regulations (prescribed by the regulations
). Made under this Act:
- Submarine Cable (Perth Protection Zone) Declaration 2007 · Legislative Instrument · under cl 4(1) of sch 3A
- Telecommunications (Analogue Interworking and Non-interference Requirements for Customer Equipment for Connection to a Switched Telephone Network – AS/CA S002) Technical Standard 2025 · Legislative Instrument · under s 376(1)
- Telecommunications (Approving Body) Determination 2017 · Legislative Instrument · under s 410(1)
21 more instruments made under this Act are listed on the Act’s overview.
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