Document ID: chunk:federal_register_of_legislation:C2004A04991:body:0:p6
Version: federal_register_of_legislation:C2004A04991
Segment Type: other
Provision Reference: 
Character Range: 12940–15839

of the interception by making such orders against the defendant as the court considers appropriate.

Note: Paragraphs 7(1)(b) and (c) deal with the authorisation or enabling of interception etc.

Communication—civil court remedy

"(4) If:

(a) information was obtained by intercepting the communication; and

    (b) a person (in this subsection called the 'defendant') communicated the information to another person in contravention of section 63;

the Federal Court of Australia or a court of a State or Territory may, on the application of an aggrieved person, grant the aggrieved person remedial relief in respect of the communication of the information by making such orders against the defendant as the court considers appropriate.

Interception—criminal court remedy

"(5) If a court convicts a person (in this subsection called the 'defendant') of an offence against subsection 7(1) constituted by:

(a) the interception; or

(b) the doing of an act or thing referred to in paragraph 7(1)(b) or (c) in relation to the interception;

the court may, on the application of an aggrieved person, grant the aggrieved person remedial relief in respect of the interception by making such orders against the defendant as the court considers appropriate.

Note: Paragraphs 7(1)(b) and (c) deal with the authorisation or enabling of interception etc.

Communication—criminal court remedy

"(6) If:

(a) information was obtained by intercepting the communication; and

(b) the information was communicated to a person in contravention of section 63; and

   (c) a court convicts a person (in this subsection called the 'defendant') of an offence against section 63 constituted by the communication of the information;

SCHEDULE 1—continued

the court may, on the application of an aggrieved person, grant the aggrieved person remedial relief in respect of the communication of the information by making such orders against the defendant as the court considers appropriate.

Orders

"(7) Without limiting the orders that may be made under this section against a person (in this subsection called the 'defendant') in respect of a particular interception or a particular communication of information, a court may make an order of one or more of the following kinds:

(a) an order declaring the interception or communication, as the case requires, to have been unlawful;

    (b) an order that the defendant pay to the aggrieved person such damages as the court considers appropriate;

(c) an order in the nature of an injunction (including a mandatory injunction);

   (d) an order that the defendant pay to the aggrieved person an amount not exceeding the amount that, in the opinion of the court, represents the total gross income derived by the defendant as a result of the interception or communication, as the case requires.

Terms etc. of orders

"(8) Without limiting the orders that may be made by