Document ID: chunk:federal_register_of_legislation:C2024C00749:section:108:p2
Version: federal_register_of_legislation:C2024C00749
Segment Type: section
Provision Reference: s 108 (pt 2/3)
Character Range: 490120–492945

it is reasonably necessary for the employee to do that act or thing in order to perform those duties effectively; or
 (e) accessing a stored communication by another person lawfully engaged in duties relating to the installation, connection or maintenance of equipment or a line, if it is reasonably necessary for the person to access the communication in order to perform those duties effectively; or
 (f) accessing a stored communication by a person lawfully engaged in duties relating to the installation, connection or maintenance of equipment used, or to be used, for accessing stored communications under:
 (ia) preservation notices; or
 (i) stored communications warrants; or
 (ii) interception warrants; or
 (iii) computer access warrants issued under section 25A of the Australian Security Intelligence Organisation Act 1979; or
 (iv) authorisations given under warrants in accordance with section 27E of the Australian Security Intelligence Organisation Act 1979; or
 (g) accessing a stored communication if the access results from, or is incidental to, action taken by an ASIO employee, in the lawful performance of his or her duties, for the purpose of:
 (i) discovering whether a listening device is being used at, or in relation to, a particular place; or
 (ii) determining the location of a listening device; or
 (ga) accessing a stored communication if the access results from, or is incidental to, action taken by an ASIO affiliate, in accordance with the contract, agreement or other arrangement under which the ASIO affiliate is performing functions or services for the Organisation, for the purpose of:
 (i) discovering whether a listening device is being used at, or in relation to, a particular place; or
 (ii) determining the location of a listening device; or
 (h) accessing a stored communication by an officer or staff member of the Australian Communications and Media Authority engaged in duties relating to enforcement of the Spam Act 2003.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).
 (3) For the purposes of paragraph (2)(b), access to a stored communication is taken to be under an interception warrant if, and only if, the warrant would have authorised interception of the communication if it were still passing over a telecommunications system.
 (4) In determining, for the purposes of paragraphs (2)(d) and (e), whether an act or thing done by a person was reasonably necessary in order for the person to perform his or her duties effectively, a court is to have regard to such matters (if any) as are specified in, or ascertained in accordance with, the regulations.
Note: The civil remedy provisions in Part 3‑7 may apply to a contravention of this section.

Part 3‑2—Access by the Organisation to