Electronic
272 [ N o . 21 of 2009
and
Communications
Transactions
(b) immediately after making that request, furnish a j u d g e
with a copy of the written confirmation; and
(c) if the location of the sender and any other information has
been provided to the law enforcement officer under
subsection (3), immediately after receipt thereof, submit
to a j u d g e an affidavit s e t t i n g out t h e results a n d
information obtained from that interception.
(5) A service provider w h o has taken any of the steps referred
to in subsection (3), shall, immediately thereafter, submit to a
judge (a) an affidavit setting out the steps taken by the service
p r o v i d e r in g i v i n g effect t o t h e r e q u e s t o f a law
enforcement officer and the results and information
obtained from such steps; and
(b) if the steps included the interception o f an indirect
c o m m u n i c a t i o n , any r e c o r d i n g of that indirect
communication obtained by means of the interception, a
full or partial transcript of the recording and any notes
m a d e by t h a t s e r v i c e p r o v i d e r o f t h e i n d i r e c t
communication.
(6) A j u d g e shall keep all written confirmation and affidavits
and any recordings, transcripts or notes submitted under subsections
(4) and (5) or cause it to be kept, for a period of at least five years.
(7) Where a j u d g e , upon receipt of any written confirmation
and affidavits under this section, determines that the interception
was effected or used for purposes contrary to, or in contravention
of the provisions of this Act or any other law, the j u d g e m a y make
such order as the j u d g e considers appropriate in relation to the
service provider or the law enforcement officer.
Prohibition
disclosure
?
f
intercepted
aimmurueation
6 9 . ( 1 ) A law e n f o r c e m e n t officer w h o intercepts any
communication pursuant to an interception of communications order
shall not disclose the communication or use the communication in
.
any manner other than in accordance with the provisions of this
Act.
(2) Except as otherwise provided in this Act, a person who—
(a) without authorisation, accesses, discloses or attempts to
disclose to a n o t h e r p e r s o n , the c o n t e n t s of any
intercepted communication; or
(b) without authorisation, uses or attempts to use, the contents
of any intercepted communication;
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