Document ID: chunk:federal_register_of_legislation:C2025C00037:section:45b:p1
Version: federal_register_of_legislation:C2025C00037
Segment Type: section
Provision Reference: s 45B (pt 1/3)
Character Range: 299523–302486

45B  Prohibition on use, recording, communication or publication of protected network activity warrant information or its admission in evidence
 (1) A person commits an offence if:
 (a) the person uses, records, communicates or publishes any information; and
 (b) the information is protected network activity warrant information; and
 (c) the use, recording, communication or publication of the information is not permitted by this section.
Penalty: Imprisonment for 2 years.
 (2) A person commits an offence if:
 (a) the person uses, records, communicates or publishes any information; and
 (b) the information is protected network activity warrant information; and
 (c) the use, recording, communication or publication of the information is not permitted by this section; and
 (d) the use, recording, communication or publication of the information:
 (i) endangers the health or safety of any person; or
 (ii) prejudices the effective conduct of an investigation into a relevant offence.
Penalty: Imprisonment for 10 years.
 (3) Subject to subsections (4), (5), (7) and (10), protected network activity warrant information may not be admitted in evidence in any proceedings.
 (4) Subsections (1), (2) and (3) do not apply to:
 (a) the use, recording, communication or publication of protected network activity warrant information in connection with the administration or execution of this Act; or
 (b) the use, recording, communication or publication of any information that has been disclosed in proceedings in open court lawfully; or
 (c) the use or communication of protected network activity warrant information by a person who believes on reasonable grounds that the use or communication is necessary to help prevent or reduce the risk of serious violence to a person or substantial damage to property; or
 (d) the communication to the Director‑General (within the meaning of the Australian Security Intelligence Organisation Act 1979) of protected network activity warrant information that relates or appears to relate to any matter within the functions of that organisation; or
 (e) the communication to the agency head (within the meaning of the Intelligence Services Act 2001) of an agency (within the meaning of that Act) of protected network activity warrant information that relates or appears to relate to any matter within the functions of that agency; or
 (f) the use, recording or communication of:
 (i) protected network activity warrant information referred to in paragraph (d)—by the Director‑General (within the meaning of the Australian Security Intelligence Organisation Act 1979), an ASIO employee (within the meaning of that Act) or an ASIO affiliate (within the meaning of that Act); or
 (ii) protected network activity warrant information referred to in paragraph (e)—by the agency head (within the meaning of the Intelligence Services Act 2001), or a staff member (within the meaning of that Act), of an agency (within the meaning of