Electronic
Communications
and Transactions
[ N o . 21 o f 2 0 0 9
273
commits an offence and is liable, upon conviction, to imprisonment
for a period of twenty-five years.
70. (1) A law enforcement officer w h o intercepts any
communication pursuant to an interception of communications order
may disclose the information to another law enforcement officer where
the disclosure is necessary for the determination of the commission
of an offence or the w h e r e a b o u t s of a person suspected to have
committed an offence.
Disclosure,
etc. of
intercepted
communication
by law
enforcement
officer
(2) W h e r e a law enforcement officer, in the performance of
any functions under this Act, intercepts any communication relating
to t h e c o m m i s s i o n o f an offence u n d e r any other law, t h e law
enforcement officer shall disclose or use the c o m m u n i c a t i o n in
accordance with the provisions of this A c t or that other law.
7 1 . A p r i v i l e g e d w i r e , o r a l or e l e c t r o n i c c o m m u n i c a t i o n
intercepted in accordance with the provisions of this Act does not
lose its privileged character.
72. (1) A service provider shall not utilise the service for observing
or random monitoring except for mechanical or service quality control
checks.
Privileged
communication
to retain
privileged
character
Prohibition
of
random
monitoring
(2) A service provider w h o contravenes subsection (1) commits
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.
(3)
In this s e c t i o n —
" m o n i t o r i n g " includes listening to or recording communication
by means of a monitoring device; and
" monitoring device'" means any electronic, mechanical or other
instrument, device, equipment or apparatus which is used or
can be used, whether by itself or in combination with any
other instrument, device, equipment or apparatus, to listen to
or record any communication.
7 3 . (1) A service provider shall record that a wire or electronic
communication was initiated or completed in order to protect the
service provider, another service provider giving a service for the
completion of a wire or electronic communication or a user of t h e
service, from fraudulent, unlawful or abusive use of the service.
(2) A service provider who records any electronic communication
under subsection (1) shall immediately inform a law enforcement
officer.
Protection
of user,
etc. from
fraudulent
or other
unlawful
use of
service
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