Document ID: chunk:federal_register_of_legislation:C2024C00749:section:140
Version: federal_register_of_legislation:C2024C00749
Segment Type: section
Provision Reference: s 140
Character Range: 538010–539635

140  Dealing with information if access suspected to be unlawful
 (1) A person may communicate information to the Minister, the Director of Public Prosecutions, the Commissioner of Police, the National Anti‑Corruption Commissioner, the Chief Executive Officer of the ACC, the Inspector of the National Anti‑Corruption Commission or a person assisting the NACC Inspector if:
 (a) the information was obtained by accessing a stored communication; and
 (b) the person suspects on reasonable grounds that the information may tend to establish that an offence of the following kind (a suspected offence) has been committed:
 (i) an offence against subsection 108(1) constituted by the access, or by authorising, suffering or permitting, or doing an act or thing to enable, the access;
 (ii) an offence against section 133 constituted by communicating to a person, making use of, making a record of, or giving in evidence in a proceeding, information obtained by the access;
 (iii) an ancillary offence relating to an offence of a kind referred to in subparagraph (i) or (ii) of this paragraph.
 (2) A person to whom the information is communicated in accordance with subsection (1) may communicate to another person, make use of, or make a record of, some or all of the information for a purpose (or 2 or more purposes) connected with:
 (a) an investigation of a suspected offence; or
 (b) the making by an authority, body or person of a decision whether or not to begin a proceeding by way of a prosecution for a suspected offence; or
 (c) a proceeding by way of a prosecution for a suspected offence;
and for no other purpose.