Amendments relating to Mutual Assistance Schedule 2
Telecommunications data Part 2
43 Paragraph 182(1)(a)
After “Division 4”, insert “or 4A”.
44 After subsection 182(4)
Insert:
(4A) Paragraph (1)(b) does not apply to a disclosure or use of
information or a document if the disclosure or use is permitted by
section 180C or 180D.
Note:
A defendant bears an evidential burden in relation to the matter in
subsection (4A) (see subsection 13.3(3) of the Criminal Code).
45 Subsection 182(5) (definition of non-missing person
information)
After “Division 4”, insert “or 4A”.
46 Paragraph 183(1)(a)
Omit “or 4”, substitute “, 4 or 4A”.
47 At the end of section 184
Add:
Authorised officers of the Australian Federal Police
(5) If an authorised officer of the Australian Federal Police makes an
authorisation under subsection 180A(2) or 180B(2), or extends the
period for which an authorisation is in force under subsection
180B(6), a relevant staff member of the Australian Federal Police
must notify the person from whom the disclosure is sought.
(6) If, under subsection 180B(4), an authorised officer of the
Australian Federal Police revokes an authorisation, a relevant staff
member of the Australian Federal Police must notify the person
who was notified of the authorisation.
48 Section 185
Before “The”, insert “(1)”.
49 At the end of section 185
Add:
Cybercrime Legislation Amendment Act 2012
ComLaw Authoritative Act C2012A00120
No. 120, 2012
37