Document ID: chunk:federal_register_of_legislation:C2007A00177:clause:1_180
Version: federal_register_of_legislation:C2007A00177
Segment Type: clause
Provision Reference: sch 1 cl 180
Character Range: 16566–18733

180  Authorisations for access to prospective information or documents

 (1) Sections 276, 277 and 278 of the Telecommunications Act 1997 do not prevent a disclosure of information or a document if the information or document is covered by an authorisation in force under this section.

Prospective authorisation

 (2) An authorised officer of a criminal law‑enforcement agency may authorise the disclosure of specified information or specified documents that come into existence during the period for which the authorisation is in force.

Authorisation for access to existing information or documents may also be sought

 (3) The authorised officer may, in that authorisation, also authorise the disclosure of specified information or specified documents that came into existence before the time the authorisation comes into force.

Limits on making the authorisation

 (4) The authorised officer must not make the authorisation unless he or she is satisfied that the disclosure is reasonably necessary for the investigation of an offence against a law of the Commonwealth, a State or a Territory that is punishable by imprisonment for at least 3 years.

 (5) Before making the authorisation, the authorised officer must have regard to how much the privacy of any person or persons would be likely to be interfered with by the disclosure.

Period for which authorisation is in force

 (6) An authorisation under this section:
 (a) comes into force at the time the person from whom the disclosure is sought receives notification of the authorisation; and
 (b) ends at the time specified in the authorisation (which must be a time that is no longer than the end of the period of 45 days beginning on the day the authorisation is made), unless it is revoked earlier.

Note: Section 184 deals with notification of authorisations.

Revoking the authorisation

 (7) An authorised officer of the criminal law‑enforcement agency must revoke the authorisation if he or she is satisfied that the disclosure is no longer required.

Note: Section 184 deals with notification of revocations.

Division 5—Uses of telecommunications data connected with provision of access