107ACivil remedies—unlawful interception or communication

#### 107A Civil remedies—unlawful interception or communication When section applies (1) This section applies to an interception of a communication passing over a telecommunications system if the interception was in contravention of subsection 7(1). Aggrieved person (2) For the purposes of this section, a person is an aggrieved person if, and only if: (a) the person was a party to the communication; or (b) the communication was made on the person’s behalf. Interception—civil court remedy (3) If a person (in this subsection called the defendant): (a) so intercepted the communication; or (b) did an act or thing referred to in paragraph 7(1)(b) or (c) in relation to the interception; the Federal Court of Australia or a court of a State or Territory may, on the application of an aggrieved person, grant the aggrieved person remedial relief in respect of the interception by making such orders against the defendant as the court considers appropriate. > Note: Paragraphs 7(1)(b) and (c) deal with the authorisation or enabling of interception etc. Communication—civil court remedy (4) If: (a) information was obtained by intercepting the communication; and (b) a person (in this subsection called the defendant) communicated the information to another person in contravention of section 63; the Federal Court of Australia or a court of a State or Territory may, on the application of an aggrieved person, grant the aggrieved person remedial relief in respect of the communication of the information by making such orders against the defendant as the court considers appropriate. Interception—criminal court remedy (5) If a court convicts a person (in this subsection called the defendant) of an offence against subsection 7(1) constituted by: (a) the interception; or (b) the doing of an act or thing referred to in paragraph 7(1)(b) or (c) in relation to the interception; the court may, on the application of an aggrieved person, grant the aggrieved person remedial relief in respect of the interception by making such orders against the defendant as the court considers appropriate. > Note: Paragraphs 7(1)(b) and (c) deal with the authorisation or enabling of interception etc. Communication—criminal court remedy (6) If: (a) information was obtained by intercepting the communication; and (b) the information was communicated to a person in contravention of section 63; and (c) a court convicts a person (in this subsection called the defendant) of an offence against section 63 constituted by the communication of the information; the court may, on the application of an aggrieved person, grant the aggrieved person remedial relief in respect of the communication of the information by making such orders against the defendant as the court considers appropriate. Orders (7) Without limiting the orders that may be made under this section against a person (in this subsection called the defendant) in respect of a particular interception or a particular communication of information, a court may make an order of one or more of the following kinds: (a) an order declaring the interception or communication, as the case requires, to have been unlawful; (b) an order that the defendant pay to the aggrieved person such damages as the court considers appropriate; (c) an order in the nature of an injunction (including a mandatory injunction); (d) an order that the defendant pay to the aggrieved person an amount not exceeding the amount that, in the opinion of the court, represents the total gross income derived by the defendant as a result of the interception or communication, as the case requires. Terms etc. of orders (8) Without limiting the orders that may be made by a court under this section, an order may: (a) include such provisions as the court considers necessary for the purposes of the order; and (b) be made either unconditionally or subject to such terms and conditions as the court determines. Injunctive relief—variation etc. (9) A court may revoke or vary an order in the nature of an injunction made by the court under this section. Punitive damages (10) A reference in paragraph (7)(b) to damages includes a reference to damages in the nature of punitive damages. Minor irregularities in warrants etc. (11) Despite subsection (1) of this section, this section does not apply to an interception that contravenes subsection 7(1) only because of a defect or irregularity (other than a substantial defect or irregularity): (a) in, or in connection with the issue of, a document purporting to be a warrant; or (b) in connection with the execution of a warrant, or the purported execution of a document purporting to be a warrant.