Section 75Part 8 — Service Standards and Data Protection
Interception of messages prohibited
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Subject to subsection (2), a person who intentionally intercepts, alters, replicates, monitors or interrupts any message (whether in whole or in part) during its transmission over an ICT network or by means of an ICT service by any means commits an offence and is liable, for each such message —
on summary conviction, to a fine of ten thousand dollars;
on conviction on indictment, to a fine of twenty thousand dollars and to imprisonment for two years.
A person shall not have committed an offence under this section if —
the message is intercepted, monitored or interrupted in obedience to a warrant or order issued by the Governor;
the message is intercepted, replicated, monitored or interrupted for the purpose of preventing a contravention of section 77;
the person by whom the message is sent or to whom the message is sent has expressly or impliedly consented to the interception, monitoring or interruption;
the message is intercepted, monitored or interrupted by the Office or on the written instructions of the Office for purposes connected with the execution of its functions under this Act;
the message is intercepted, monitored or interrupted by the ICT network provider or ICT service provider over whose network or service the message is being transmitted for the purposes of —
providing or billing for that ICT network or ICT service;
preventing the illegal use of the ICT network or ICT service; or
preserving the technical integrity of an ICT network or ICT service; or
the message is intended to be received by the public.
Cross References
- Section 77 of Unknown
preventing a contravention of section 77