E. Access to data under the Telecommunications Act 1997

Sections 280 and 313(3) of the Telecommunications Act 1997
280 Authorisation by or under law
(1) Division 2 does not prohibit a disclosure or use of information or a document if:
a) in a case where the disclosure or use is in connection with the operation of an enforcement agency—the disclosure or use is required or authorised under a warrant; or
b) in any other case—the disclosure or use is required or authorised by or under law.
(1A) In applying paragraph (1)(a) to the Australian Commission for Law Enforcement Integrity, the reference in that paragraph to the operation of an enforcement agency is taken to be a reference to the performance of the functions of the Integrity Commissioner (within the meaning of the Law Enforcement Integrity Commissioner Act 2006).
(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).
(2) In this section:
enforcement agency has the same meaning as in the Telecommunications (Interception and Access) Act 1979.
313 Obligations of carriers and carriage service providers
(3) A carrier or carriage service provider must, in connection with:
(a) the operation by the carrier or provider of telecommunications networks or facilities; or
(b) the supply by the carrier or provider of carriage services;
give officers and authorities of the Commonwealth and of the States and Territories such help as is reasonably necessary for the following purposes:
(c) enforcing the criminal law and laws imposing pecuniary penalties;
(ca) assisting the enforcement of the criminal laws in force in a foreign country;
(cb) assisting the investigation and prosecution of:
(i) crimes within the jurisdiction of the ICC (within the meaning of the International Criminal Court Act 2002); and
(ii) Tribunal offences (within the meaning of the International War Crimes Tribunals Act 1995);
(d) protecting the public revenue;
(e) safeguarding national security.
Note: Section 314 deals with the terms and conditions on which such help is to be provided.

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