Document ID: chunk:federal_register_of_legislation:C2024C00749:section:165:p1
Version: federal_register_of_legislation:C2024C00749
Segment Type: section
Provision Reference: s 165 (pt 1/2)
Character Range: 556470–559329

165  Civil remedies—unlawful access or communication

When section applies
 (1) This section applies to an accessing of a stored communication if the access was in contravention of subsection 108(1).

Aggrieved person
 (2) For the purposes of this section, a person is an aggrieved person if, and only if:
 (a) the person was a party to the communication; or
 (b) the communication was made on the person's behalf.

Access—civil court remedy
 (3) If a person (the defendant):
 (a) so accessed the communication; or
 (b) did an act or thing referred to in subparagraph 108(1)(a)(ii) or (iii) in relation to the access;
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 access by making such orders against the defendant as the court considers appropriate.
Note: Subparagraphs 108(1)(a)(ii) and (iii) deal with the authorisation or enabling of access etc.

Communication—civil court remedy
 (4) If:
 (a) information was obtained by accessing the communication; and
 (b) a person (the defendant) communicated the information to another person in contravention of section 133;
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.

Access—criminal court remedy
 (5) If a court convicts a person (the defendant) of an offence against subsection 108(1) constituted by:
 (a) the access; or
 (b) the doing of an act or thing referred to in subparagraph 108(1)(a)(ii) or (iii) in relation to the access;
the court may, on the application of an aggrieved person, grant the aggrieved person remedial relief in respect of the access by making such orders against the defendant as the court considers appropriate.
Note: Subparagraphs 108(1)(a)(ii) and (iii) deal with the authorisation or enabling of access etc.

Communication—criminal court remedy
 (6) If:
 (a) information was obtained by accessing the communication; and
 (b) the information was communicated to a person in contravention of section 133; and
 (c) a court convicts a person (in this subsection called the defendant) of an offence against section 133 constituted by the communication of the information;
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 (the defendant) in respect of a particular access to or a particular communication of information, a court may make