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

6T   Subsection 182(2)

Repeal the subsection, substitute:

Exempt disclosures

(2) Paragraph (1)(b) does not apply to a disclosure of non-missing person information if:

(a) the disclosure is reasonably necessary:

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

(ii) for the performance by the Organisation of its functions; or

(iii) for the enforcement of the criminal law; or

(iv) for the enforcement of a law imposing a pecuniary penalty; or

(v) for the protection of the public revenue; or

(b) 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.

Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).