Australian Telecommunications Corporations Regulations (Cth)

Statutory Rules 1989 No. 1501

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Australian Telecommunications Corporation Regulations

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and under section 4 of the Acts Interpretation Act 1901,hereby make the following Regulations under the Australian Telecommunications Corporation Act 1989.

Dated 28 June 1989.

BILL HAYDEN

Governor-General

By His Excellency's Command,

R. KELLY

Minister of State for Telecommunications

and Aviation Support

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Citation

1. These Regulations may be cited as the Australian Telecommunications Corporation Regulations.

Interpretation

2. In these Regulations, unless the contrary intention appears:

"the Act" means the Australian Telecommunications Corporation Act 1989.

Disclosure of facts or documents

3. For the purposes of subsection 97 (2) of the Act, the following circumstances are prescribed:

(a) where the disclosure of the fact or document is:

(i) to a person authorised under subsection 12 (1) of the Telecommunications (Interception) Act 1979; and

(ii) for the purposes of the issuing of, or in connection with information obtained under, a warrant under Part III of that Act; or

(b) where:

(i) the fact or document disclosed comes to the employee's knowledge, or into the employee's possession, because of a call to the emergency number 000; and

(ii) disclosure is to a member of the police force or ambulance or fire service to which the call was connected; or

(c) where the fact or document relates to the affairs or personal particulars (including any unlisted telephone number or any address) of a person and:

(i) the person is reasonably likely to be aware that information of that kind is usually disclosed in the circumstances; or

(ii) the person has consented to the disclosure in the circumstances; or

(iii) the employee believes on reasonable grounds that disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of a person; or

(d) where the disclosure is authorised by or under a law of the Commonwealth, or required or authorised by or under a law of a State or Territory; or

(e) where the disclosure is reasonably necessary for the enforcement of the criminal law or of a law imposing a pecuniary penalty, or for the protection of the public revenue.

NOTE

1. Notified in the Commonwealth of Australia Gazette