Telecommunications (Interception and Access) Amendment (Data Retention) Act 2015 (39 of 2015)

Schedule 1   Data retention

Part 2   Other amendments

Telecommunications (Interception and Access) Act 1979

6V   At the end of Division 6 of Part 4-1

Add:

182A Disclosure/use offences: journalist information warrants

(1) A person commits an offence if:

(a) the person discloses or uses information; and

(b) the information is about any of the following:

(i) whether a journalist information warrant (other than such a warrant that relates only to section 178A) has been, or is being, requested or applied for;

(ii) the making of such a warrant;

(iii) the existence or non-existence of such a warrant;

(iv) the revocation of such a warrant.

Penalty: Imprisonment for 2 years.

(2) A person commits an offence if:

(a) the person discloses or uses a document; and

(b) the document consists (wholly or partly) of any of the following:

(i) a journalist information warrant (other than such a warrant that relates only to section 178A);

(ii) the revocation of such a warrant.

Penalty: Imprisonment for 2 years.

182B Permitted disclosure or use: journalist information warrants

Paragraphs 182A(1)(a) and (2)(a) do not apply to a disclosure or use of information or a document if:

(a) the disclosure or use is for the purposes of the warrant, revocation or notification concerned; or

(b) the disclosure or use is reasonably necessary:

(i) to enable the making of submissions under section 180X; or

(ii) to enable a person to comply with his or her obligations under section 185D or 185E; or

(iii) to enable the Organisation to perform its functions; or

(iv) to enforce the criminal law; or

(v) to enforce a law imposing a pecuniary penalty; or

(vi) to protect the public revenue; or

(c) in the case of a disclosure - the disclosure is:

(i) to an IGIS official for the purpose of the Inspector-General of Intelligence and Security exercising powers, or performing functions or duties, under the Inspector-General of Intelligence and Security Act 1986; or

(ii) by an IGIS official in connection with the IGIS official exercising powers, or performing functions or duties, under that Act; or

(d) in the case of a use - the use is by an IGIS official in connection with the IGIS official exercising powers, or performing functions or duties, under the Inspector-General of Intelligence and Security Act 1986.

Note: A defendant bears an evidential burden in relation to the matter in this section (see subsection 13.3(3) of the Criminal Code).