88Carriers, suppliers and their employees not to disclose or use contents of communications etc.

##### 88 Carriers, suppliers and their employees not to disclose or use contents of communications etc. (1) A prescribed 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 supplier or a communication in the course of telecommunications carriage; or (ii) telecommunications services supplied, or intended to be supplied, to another person by a carrier or supplier; or (iii) 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, because the person is a prescribed person. Penalty: Imprisonment for 2 years. (2) A person who has been a prescribed 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, because the person was a prescribed person. Penalty: Imprisonment for 2 years. (3) This section does not prohibit a disclosure by a person of information or a document: (a) if the disclosure is made in the performance of the person’s duties as a prescribed person; or (b) if the disclosure is made as a witness summoned to give evidence or to produce documents; or (c) if the disclosure is made: (i) to an officer or employee of the Australian Security Intelligence Organization authorised in writing by the Director-General of Security to receive the disclosure; and (ii) in connection with the performance by the Organization of its functions; or (e) if the information or document relates to the affairs or personal particulars (including any unlisted telephone number or any address) of another person and: (i) the other person is reasonably likely to have been aware or made aware that information or a document of that kind is usually disclosed in the circumstances concerned; or (ii) the other person has consented to the disclosure in the circumstances concerned; or (iii) the person who makes the disclosure believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of a person; or (f) if the disclosure is required or authorised by or under law; or (g) if the disclosure is reasonably necessary for the enforcement of the criminal law or of a law imposing a pecuniary penalty, or for the protection of the public revenue; or (h) if: (i) the person who made the disclosure is an employee of a carrier or supplier; and (ii) the disclosure is made to, or to an employee of, another carrier or supplier; and (iii) the information or document relates to: (A) the operation or maintenance of a telecommunications network or facility operated by the other carrier or supplier; or (B) the supply of services by the other carrier or supplier by means of a telecommunications network or facility; and (iv) the disclosure is made for the purpose of the carrying on by the other carrier or supplier of its business relating to the supply of services by means of a telecommunications network or facility operated by the other carrier or supplier; or (ha) if: (i) the person who made the disclosure is a supplier; and (ii) the disclosure is made to, or to an employee of, a carrier or another supplier; and (iii) the information or document relates to: (A) the operation or maintenance of a telecommunications network or facility operated by the carrier or other supplier; or (B) the supply of services by the carrier or other supplier by means of a telecommunications network or facility; and (iv) the disclosure is made for the purpose of the carrying on by the carrier or other supplier of its business relating to the supply of services by means of a telecommunications network or facility operated by the carrier or other supplier; or (i) if: (i) the person who made the disclosure is an employee of a carrier or supplier; and (ii) the disclosure is made to, or to an employee of, another carrier or supplier; and (iii) the information or document relates to: (A) the operation or maintenance of a telecommunications network or facility operated by the first-mentioned carrier or supplier; or (B) the supply of services by the first-mentioned carrier or supplier by means of a telecommunications network or facility; and (iv) the disclosure is made for the purpose of the carrying on by the other carrier or supplier of its business relating to the supply of services by means of a telecommunications network or facility operated by the first-mentioned carrier or supplier; or (ia) if: (i) the person who made the disclosure is a supplier; and (ii) the disclosure is made to, or to an employee of, a carrier or other supplier; and (iii) the information or document relates to: (A) the operation or maintenance of a telecommunications network or facility operated by the first-mentioned supplier; or (B) the supply of services by the first-mentioned supplier by means of a telecommunications network or facility; and (iv) the disclosure is made for the purpose of the carrying on by the carrier or other supplier of its business relating to the supply of services by means of a telecommunications network or facility operated by the first-mentioned supplier; or (j) if the disclosure is reasonably necessary for the purpose of the preservation of human life at sea; or (k) if the disclosure: (i) relates to the location of a vessel at sea; and (ii) is made for maritime communications purposes; or (l) if: (i) the person who made the disclosure is or has been a prescribed person; and (ii) the disclosure is made to, or to a member of the staff of, AUSTEL; and (iii) the information or document may assist AUSTEL in the performance of any of its functions or the exercise of any of its powers under this Act or any other law of the Commonwealth; or (la) if: (i) the disclosure is made to the Telecommunications Industry Ombudsman, or to an employee of the Telecommunications Industry Ombudsman; and (ii) the information or document may assist the Telecommunications Industry Ombudsman in the consideration of a complaint made to the Telecommunications Industry Ombudsman; or (m) if the disclosure is made in prescribed circumstances. (3A) This section does not prohibit a disclosure by a person of information or a document if: (a) the information or document came to the person’s knowledge, or into the person’s possession, because of a call to an emergency service number; and (b) the information, or the contents of the document, consists of any or all of the following: (i) a name; (ii) a telephone number; (iii) an address; (iv) a location; (v) the matter or matters raised by the call; and (c) the disclosure is made to: (i) a member of a police force or service; or (ii) a member of a fire service; or (iii) a member of an ambulance service; or (iv) an emergency call person; or (v) a member of a service specified in the national numbering plan for the purposes of this subparagraph; for purposes connected with dealing with the matter or matters raised by the call. (4) This section does not prohibit a use by a person of information or a document: (a) if the use is made for the purposes of or in connection with a disclosure of the information or document by the person, being a disclosure to which subsection (3) or (3A) applies; or (b) if the use is made in the performance of the person’s duties as a prescribed person; or (c) if the information or document relates to the affairs or personal particulars (including any unlisted telephone number or any address) of another person and: (i) the other person is reasonably likely to have been aware or made aware that information or a document of that kind is usually used in the circumstances concerned; or (ii) the other person has consented to the use in the circumstances concerned; or (iii) the person who makes the use believes on reasonable grounds that the use is necessary to prevent or lessen a serious and imminent threat to the life or health of a person; or (d) if the use is required or authorised by or under law; or (e) if the use is reasonably necessary for the enforcement of the criminal law or of a law imposing a pecuniary penalty, or for the protection of the public revenue; or (f) if: (i) the person who made the use is an employee of a carrier or supplier; and (ii) the information or document relates to: (A) the operation or maintenance of a telecommunications network or facility operated by another carrier or supplier; or (B) the supply of services by another carrier or supplier by means of a telecommunications network or facility; and (iii) the use is made for the purpose of the carrying on by the other carrier or supplier of its business relating to the supply of services by means of a telecommunications network or facility operated by the other carrier or supplier; or (fa) if: (i) the person who made the use is a supplier; and (ii) the information or document relates to: (A) the operation or maintenance of a telecommunications network or facility operated by a carrier or other supplier; or (B) the supply of services by a carrier or other supplier by means of a telecommunications network or facility; and (iii) the use is made for the purpose of the carrying on by the carrier or other supplier of its business relating to the supply of services by means of a telecommunications network or facility operated by the carrier or other supplier; or (g) if: (i) the person who made the use is an employee of a carrier or supplier; and (ii) the information or document relates to: (A) the operation or maintenance of a telecommunications network or facility operated by the carrier or supplier; or (B) the supply of services by the carrier or supplier by means of a telecommunications network or facility; and (iii) the use is made for the purpose of the carrying on by any other carrier or supplier of its business relating to the supply of services by means of a telecommunications network or facility operated by the first-mentioned carrier or supplier; or (ga) if: (i) the person who made the use is a supplier; and (ii) the information or document relates to: (A) the operation or maintenance of a telecommunications network or facility operated by the supplier; or (B) the supply of services by the supplier by means of a telecommunications network or facility; and (iii) the use is made for the purpose of the carrying on by a carrier or other supplier of its business relating to the supply of services by means of a telecommunications network or facility operated by the first-mentioned supplier; or (h) if the use is reasonably necessary for the purpose of the preservation of human life at sea; or (i) if the use: (i) relates to the location of a vessel at sea; and (ii) is made for maritime communications purposes; or (j) if the use is made in prescribed circumstances. (5) In this section: > communication in the course of telecommunications carriage means a communication that is being carried by a carrier or supplier, and includes a communication that has been collected or received by a carrier or supplier for carriage by it but has not been delivered by it. > emergency call person has the meaning given by section 88A. > employee, in relation to a carrier or a supplier, includes: (a) a person who performs services for or on behalf of the carrier or supplier; and (b) an employee of such a person. > information includes opinion. > prescribed person means: (a) an employee of a carrier; or (b) a supplier; or (c) an employee of a supplier. > supplier means a person who supplies an eligible service under a class licence.