EXPLANATORY STATEMENT
COMMONWEALTH OF AUSTRALIA
AUSTRALIAN TELECOMMUNICATIONS CORPORATION REGULATIONS
1989 NO. 150
The Australian Telecommunications Corporation Regulations prescribe circumstances in relation to which the duty, imposed by subsection 97(1) of the Australian Telecommunications Corporation Act 1989 on employees of Telecom not to disclose certain information gained in the course of employment with Telecom, does not apply.
The circumstances prescribed by the Regulations are -
• where the information relates to the affairs or personal particulars (including any unlisted telephone number or any address) of a person, and
- the person is reasonably likely to be aware that information of that kind is usually disclosed in the circumstances;
- the person has consented to the disclosure in the circumstances; or
- an employee of Telecom 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;
• where disclosure of the information is authorised by or under a law of the Commonwealth or is required or authorised by or under a law of a State or Territory;
• 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;
• where disclosure is made, to a person authorised under subsection 12(1) of the Telecommunications (Interception) Act 1979, for the purposes of the issuing of, or in connection with information obtained under, a warrant under Part III of that Act; or
• where an employee of Telecom discloses information, gained as a result of a call made to the emergency number 000, to a member of the police force or ambulance or fire service.
Authorised by the Minister for
Telecommunications and Aviation Support