(c) does not select or modify the information contained in the transmission. 37 Monitoring obligation (1) Service providers have a general obligation to monitor and store the information which they transmit or store on behalf of another, as well as a general obligation to actively seek facts or circumstances indicating illegal activity to avoid criminal liability. (2) Any information stored under subsection (1) shall be kept for a period of up to 12 months before service providers can delete or destroy it. (3) Information monitored or stored is to be treated as private and confidential and shall only be accessible through an order by a Court in connection with an offence that has been committed. 38 Act to have overriding effect The provisions of this Act shall have effect even if there is anything inconsistent contained in any other law for the time being in force in Nauru. 39 Regulations The Cabinet may make regulations, not inconsistent with this Act, prescribing all matters that are necessary or convenient to be prescribed for carrying out or giving effect to the provisions in this Act. 18

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