Document ID: chunk:federal_register_of_legislation:C2024C00749:section:107a:p1
Version: federal_register_of_legislation:C2024C00749
Segment Type: section
Provision Reference: s 107A (pt 1/2)
Character Range: 462606–465509

107A  Civil remedies—unlawful interception or communication

When section applies
 (1) This section applies to an interception of a communication passing over a telecommunications system if the interception was in contravention of subsection 7(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.

Interception—civil court remedy
 (3) If a person (in this subsection called the defendant):
 (a) so intercepted the communication; or
 (b) did an act or thing referred to in paragraph 7(1)(b) or (c) in relation to the interception;
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 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;
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