Document ID: chunk:federal_register_of_legislation:C2024C00742:section:276:p1
Version: federal_register_of_legislation:C2024C00742
Segment Type: section
Provision Reference: s 276 (pt 1/2)
Character Range: 417703–420467

276  Primary disclosure/use offence—eligible persons

Current eligible persons
 (1) An eligible person must not disclose or use any information or document that:
 (a) relates to:
 (i) the contents or substance of a communication that has been carried by a carrier or carriage service provider; or
 (ii) the contents or substance of a communication that is being carried by a carrier or carriage service provider (including a communication that has been collected or received by such a carrier or provider for carriage by it but has not been delivered by it); or
 (iii) carriage services supplied, or intended to be supplied, to another person by a carrier or carriage service provider; or
 (iv) 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 carrier or carriage service provider—in connection with the person's business as such a carrier or provider; or
 (ii) if the person is an employee of a carrier or carriage service provider—because the person is employed by the carrier or provider in connection with its business as such a carrier or provider; or
 (iii) if the person is a telecommunications contractor—in connection with the person's business as such a contractor; or
 (iv) if the person is an employee of a telecommunications contractor—because the person is employed by the contractor in connection with its business as such a contractor.

Former eligible persons
 (2) A person who has been an eligible 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 carrier or carriage service provider—in connection with the person's business as such a carrier or provider; or
 (ii) if the person was an employee of a carrier or carriage service provider—because the person was employed by the carrier or provider in connection with its business as such a carrier or provider; or
 (iii) if the person was a telecommunications contractor—in connection with the person's business as such a contractor; or
 (iv) if the person was an employee of a telecommunications 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