Commonwealth Numbered Acts

TELECOMMUNICATIONS ACT 1997 No. 47 of 1997 - SECT 276

Current eligible persons

(1) An eligible person must not disclose or use any information or document
that:

   (a)  relates to:

        (i)    the contents or substance of a communication that has been
               carried by a carrier or carriage service provider; or

        (ii)   the contents or substance of a communication that is being
               carried by a carrier or carriage service provider (including a
               communication that has been collected or received by such a
               carrier or provider for carriage by it but has not been
               delivered by it); or

        (iii)  carriage services supplied, or intended to be supplied, to
               another person by a carrier or carriage service provider; or

        (iv)   the affairs or personal particulars (including any unlisted
               telephone number or any address) of another person; and

   (b)  comes to the person's knowledge, or into the person's possession:

        (i)    if the person is a carrier or carriage service provider-in
               connection with the person's business as such a carrier or
               provider; or

        (ii)   if the person is an employee of a carrier or carriage service
               provider-because the person is employed by the carrier or
               provider in connection with its business as such a carrier or
               provider; or

        (iii)  if the person is a telecommunications contractor-in connection
               with the person's business as such a contractor; or

        (iv)   if the person is an employee of a telecommunications
               contractor-because the person is employed by the contractor in
               connection with its business as such a contractor.

Former eligible persons

(2) A person who has been an eligible person must not disclose or use any
information or document that:

   (a)  relates to a matter mentioned in paragraph (1)(a); and

   (b)  came to the person's knowledge, or into the person's possession:

        (i)    if the person was a carrier or carriage service provider-in
               connection with the person's business as such a carrier or
               provider; or

        (ii)   if the person was an employee of a carrier or carriage service
               provider-because the person was employed by the carrier or
               provider in connection with its business as such a carrier or
               provider; or

        (iii)  if the person was a telecommunications contractor-in connection
               with the person's business as such a contractor; or

        (iv)   if the person was an employee of a telecommunications
               contractor-because the person was employed by the contractor in
               connection with its business as such a contractor.

Offence

(3) A person who intentionally or recklessly contravenes this section is
guilty of an offence punishable on conviction by imprisonment for a term not
exceeding 2 years. Note 1: This section is subject to the exceptions in
Division 3. Note 2: See also sections 4AA and 4B of the Crimes Act 1914.

Scope of subsection (1)-carriage by means of electromagnetic energy

(4) Subparagraphs (1)(a)(i) and (ii) do not apply to a communication that is
or has been carried by a carrier or carriage service provider unless the
carriage was by means of, is by means of, or is proposed to be delivered by
means of, guided and/or unguided electromagnetic energy.