Electronic
274 [ N o . 21 of 2009
Disclosure of
communication
inadvertently
obtained by
service
provider
and
Communications
Transactions
74. ( I ) Subject to subsection (2), a service provider shall not
disclose the contents of a communication inadvertently obtained
through the provision of service to another person other than the
addressee, the intended recipient, or an agent of the addressee or
intended recipient.
(2) A service provider m a y disclose the contents of a
communication referred to under subsection ( 1 ) —
(a) with the consent of the originator, to the addressee or
intended recipient of the communication;
(b) to a person employed or authorised, or whose facilities
are used, to forward the communication to its destination;
or
(c) to a law enforcement officer, where the information relates
to the commission of an offence.
(3) A person w h o c o n t r a v e n e s subsection (1) c o m m i t s an
offence and is liable, upon conviction, to a fine not exceeding five
hundred thousand penalty units or to imprisonment for a period not
exceeding five years, or to both.
Interception
of
satellite
transmission
7 5 . (1) An interception of a satellite transmission that is not
encrypted or scrambled and that is transmitted to a broadcasting
station for purposes of transmission to the public or as an audio
sub-carrier intended for re-distribution to facilities open to the public
is not an offence under this section unless the interception is for
the purpose of a direct or indirect commercial advantage or private
financial gain.
(2) Subsection (1) does not apply to any data transmission or a
telephone call.
Prohibition
of
use of
interception
device
76. (1) Subject to subsection (3), a person shall not use an
interception device.
(2) A person w h o contravenes subsection (1) c o m m i t s an
offence and is liable, upon conviction, to imprisonment for a period
of twenty-five years.
(3) Subsection (1) does not apply to the use of an interception
device by a service provider or law enforcement officer—
(a) for t h e o p e r a t i o n , m a i n t e n a n c e a n d t e s t i n g o f
communication service;
a
(b) to protect the rights or property of the service provider or
the users of the service from abuse of service or any
other unlawful use of the service;
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