281Witnesses

281 Witnesses

(1) Division 2 does not prohibit a disclosure by a person of information or a document if the person makes the disclosure as a witness summoned to give evidence or to produce documents. (2) Subject to subsection (3), this section does not apply to a disclosure of information or a document by a person as a witness in a civil proceeding if the information or document: (a) is kept, by a service provider (within the meaning of the Telecommunications (Interception and Access) Act 1979), solely for the purpose of complying with Part 5‑1A of that Act; and (b) is not used or disclosed by the service provider for any purpose other than one or more of the following purposes: (i) complying with Part 5‑1A of that Act; (ii) complying with the requirements of warrants under Chapters 2 and 3 of that Act or authorisations under Chapter 4 of that Act; (iii) complying with requests or requirements to make disclosures provided for by sections 284 to 288 of this Act; (iv) providing persons with access to their personal information in accordance with the Privacy Act 1988; (v) a purpose prescribed by the regulations; (vi) a purpose incidental to any of the purposes referred to in subparagraphs (i) to (v). (3) Subsection (2) does not apply: (a) in circumstances of a kind prescribed by the regulations; or (b) to a disclosure to an enforcement agency (within the meaning of the Telecommunications (Interception and Access) Act 1979); or (c) to a disclosure that occurs during the implementation phase (within the meaning of that Act).