277Primary disclosure/use offence—eligible number‑database persons

277 Primary disclosure/use offence—eligible number‑database persons

Current eligible number‑database persons (1) An eligible number‑database person must not disclose or use any information or document that: (a) relates to: (i) carriage services supplied, or intended to be supplied, to another person by a carrier or carriage service provider; or (ii) 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 number‑database operator—in connection with the person’s business as such an operator; or (ii) if the person is an employee of a number‑database operator—because the person is employed by the operator in connection with its business as such an operator; or (iii) if the person is a number‑database contractor—in connection with the person’s business as such a contractor; or (iv) if the person is an employee of a number‑database contractor—because the person is employed by the contractor in connection with its business as such a contractor. Former eligible number‑database persons (2) A person who has been an eligible number‑database 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 number‑database operator—in connection with the person’s business as such an operator; or (ii) if the person was an employee of a number‑database operator—because the person was employed by the operator in connection with its business as such an operator; or (iii) if the person was a number‑database contractor—in connection with the person’s business as such a contractor; or (iv) if the person was an employee of a number‑database 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.