Telecommunications Act 1997

This section applies if:

an eligible person or an eligible number‑database person discloses information or a document; and

the disclosure is authorised by:

a provision of Division 3 (other than section 279, 285, 285A, 290, 291 or 291A); or

section 177, 178 or 179, subsection 180(3) or section 180A of the Telecommunications (Interception and Access) Act 1979.

If the person is a carrier, carriage service provider or number‑database operator, the carrier, provider or operator must:

make a record of the disclosure as soon as practicable after the disclosure and, in any event, within 5 days after the disclosure; and

retain that record for 3 years.

If the person is an associate of a carrier, carriage service provider or number‑database operator, the person must:

make a record of the disclosure as soon as practicable after the disclosure and, in any event, within 5 days after the disclosure; and

give a copy of that record to the carrier, provider or operator within 5 days after the making of the record.

If a copy of a record is given to a carrier, carriage service provider or number‑database operator under subsection (3), the carrier, provider or operator must retain that copy for 3 years.

A record made under subsection (2) or (3) must set out:

the name of the person who disclosed the information or document concerned; and

the date of the disclosure; and

a statement of the grounds for the disclosure; and

if the disclosure is required or authorised under a warrant and paragraph 280(1)(a) applies to the disclosure:

the provision of the law under which the warrant was issued; and

the name of the person who issued the warrant; and

the date of the issuing of the warrant; and

if the disclosure is required or authorised by or under law and paragraph 280(1)(b) applies to the disclosure—the provision of the law (besides paragraph 280(1)(b)) which required or authorised the disclosure; and

if the disclosure is made on the grounds of an authorisation under the Telecommunications (Interception and Access) Act 1979:

the name of the person who made the authorisation; and

the date of the making of the authorisation; and

if paragraph (d) does not apply and the disclosure was at the request of another body or person:

the name of the body or person; and

the date of the request; and

if the information or document relates to the contents or substance of a communication that was carried by means of a carriage service—particulars of that carriage service; and

if the information or document is or includes information of a kind specified in one or more items of the table specified in subsection (5A):

the numbers of those items; and

a description of the content of those items to the extent that the content relates to the information or document.

For the purposes of paragraph (5)(g), the specified table is:

if a determination under subsection (5B) is in force—the table set out in that determination; or

otherwise—the table in subsection 187AA(1) of the Telecommunications (Interception and Access) Act 1979.

For the purposes of paragraph (5A)(a), the Minister may, by legislative instrument, make a determination setting out a table that specifies, in numbered items, kinds of information.

A record, or a copy of a record, may be made, given or retained under this section:

in written form; or

in electronic form.

A person who contravenes this section commits an offence punishable on conviction by a fine not exceeding 300 penalty units.

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