78BAuthorising an authorisation for the disclosure of prospective telecommunications data

#### 78B Authorising an authorisation for the disclosure of prospective telecommunications data (1) The Attorney‑General may authorise, in writing, the making of an authorisation under section 180B of the Telecommunications (Interception and Access) Act 1979 for the disclosure of information or documents if: (a) the ICC has requested the Attorney‑General to arrange for the disclosure of the information or documents; and (b) the information or documents come into existence during a period specified by the ICC, and which started on or after the day the request was made; and (c) the Attorney‑General is satisfied that: (i) an investigation is being conducted by the Prosecutor or a proceeding is before the ICC; and (ii) the information or documents relate to the fact of a communication passing over a telecommunications system during that period. > Note: The information or documents will not be disclosed unless they are reasonably necessary for the investigation or proceeding (see subsection 180B(3) of that Act). (2) To avoid doubt, information or documents do not relate to the fact of a communication passing over a telecommunications system to the extent that the information is, or the documents contain, the contents or substance of a communication.