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

Schedule 1   Data retention

Part 2   Other amendments

Telecommunications Act 1997

3A   After subsection 280(1A)

Insert:

(1B) Subject to subsection (1C), paragraph (1)(b) does not apply to a disclosure of information or a document if:

(a) the disclosure is required or authorised because of:

(i) a subpoena; or

(ii) a notice of disclosure; or

(iii) an order of a court;

in connection with a civil proceeding; and

(b) the information or document is kept, by a service provider (within the meaning of the Telecommunications (Interception and Access) Act 1979), solely for the purpose of complying with Part 5-1A of that Act; and

(c) the information or document is not used or disclosed by the service provider for any purpose other than one or more of the following purposes:

(i) complying with Part 5-1A of that Act;

(ii) complying with the requirements of warrants under Chapters 2 and 3 of that Act or authorisations under Chapter 4 of that Act;

(iii) complying with requests or requirements to make disclosures provided for by sections 284 to 288 of this Act;

(iv) providing persons with access to their personal information in accordance with the Privacy Act 1988;

(v) a purpose prescribed by the regulations;

(vi) a purpose incidental to any of the purposes referred to in subparagraphs (i) to (v).

(1C) Subsection (1B) does not apply:

(a) in circumstances of a kind prescribed by the regulations; or

(b) to a disclosure to an enforcement agency (within the meaning of the Telecommunications (Interception and Access) Act 1979); or

(c) to a disclosure that occurs during the implementation phase (within the meaning of that Act).