276Primary disclosure/use offence—eligible persons

276 Primary disclosure/use offence—eligible persons

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 contravenes this section commits 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 of this Part and in Chapter 4 of the Telecommunications (Interception and Access) Act 1979.

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.