Document ID: chunk:federal_register_of_legislation:C2007A00177:clause:1_306a
Version: federal_register_of_legislation:C2007A00177
Segment Type: clause
Provision Reference: sch 1 cl 306A
Character Range: 59934–62321

306A  Record of disclosures—prospective authorisation under the Telecommunications (Interception and Access) Act 1979

 (1) This section applies if:
 (a) an eligible person or an eligible number‑database person discloses information or a document; and
 (b) the disclosure or disclosures are authorised by an authorisation under section 180 of the Telecommunications (Interception and Access) Act 1979 (in so far as the authorisation is of a kind referred to in subsection 180(2) of that Act).

 (2) If the person is a carrier, carriage service provider or number‑database operator, the carrier, provider or operator must:
 (a) make a record of the disclosure or disclosures as soon as practicable after the day on which the authorisation ceases to be in force and, in any event, within 5 days after that day; and
 (b) retain that record for 3 years.

 (3) If the person is an associate of a carrier, carriage service provider or number‑database operator, the person must:
 (a) make a record of the disclosure or disclosures as soon as practicable after the day on which the authorisation ceases to be in force and, in any event, within 5 days after that day; and
 (b) give a copy of that record to the carrier, provider or operator within 5 days after the making of the record.

 (4) 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.

 (5) A record made under subsection (2) or (3) must set out:
 (a) the name of the person or persons who made the disclosure or disclosures; and
 (b) one of the following:
 (i) if only 1 disclosure is made because of the authorisation—the date of the disclosure;
 (ii) if more than 1 disclosure is made because of the authorisation—the date of the first disclosure and the date of the last disclosure; and
 (c) a statement of the grounds for the disclosure or disclosures; and
 (d) the name of the person who made the authorisation and the date of the making of the authorisation.

 (6) A record, or a copy of a record, may be made, given or retained under this section:
 (a) in written form; or
 (b) in electronic form.

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

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