Telecommunications (Interception and Access) (Emergency Service Facilities – Australian Capital Territory) Instrument 2015

Administered by Attorney-General's Department

Legislation au F2015L00869 Not in force Legislative Instrument

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Explanatory Statement

Issued by the Authority of the Attorney-General

 

Telecommunications (Interception and Access) Act 1979

 

Telecommunications (Interception and Access) (Emergency Service Facilities – Australian Capital Territory) Instrument 2015

The Telecommunications (Interception and Access) Act 1979 (the TIA Act) establishes a general prohibition against the interception of communications passing over a telecommunications system.  The purpose of the Telecommunications (Interception and Access) (Emergency Service Facilities – Australian Capital Territory) Instrument 2015 (the Instrument), is to ensure that listening to or recording calls to and from a declared emergency service facility is not an interception for the purposes of the TIA Act.

Subsection 6(2F) of the TIA Act provides that a person who is lawfully engaged in duties relating to the receiving and handling of communications to or from an ‘emergency service facility’ may listen to or record the communications without contravening the general prohibition against interception.  Subsection 6(2B) of the TIA Act requires that the Minister must be satisfied that the premises are operated by one of the listed forces or services to enable that force or service, or another force or service, to deal with a request for assistance in an emergency. 

This exception only applies to emergency services facilities that are declared by the Minister pursuant to subsection 6(2B) of the TIA Act.  The Telecommunications (Interception and Access) (Emergency Service Facilities – Australian Capital Territory) Declaration 2015 (the Declaration) is made under subsection 6(2B) of the TIA Act.  The Attorney-General, as Minister, is satisfied that the operations at these facilities meet the requirements of subsection 6(2B) of the TIA Act as a State or ACT police, fire or ambulance service, or a service for despatching, or referring matters for the attention of those services.

To protect against the publication of the location of the facilities, which are critical infrastructure, a declaration under subsection 6(2B) of the TIA Act is not a legislative instrument.

To maintain Parliamentary scrutiny of the declarations, subsection 6(2D) of the TIA Act provides that the Minister must, by legislative instrument, specify the name of the force or service operating the premises to which the declaration relates, and the geographical region in which those premises are located.  The Instrument is made under subsection 6(2D) of the TIA Act.  The Instrument replaces the previous Instrument and adds new emergency service facilities operated by the Australian Federal Police in the geographical regions of Barton, Belconnen, Greenway, Hume and Majura. 

The Australian Federal Police was consulted on the Declaration and Instrument. 

The Instrument commences on the day after it is registered.


Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument

The purpose of the Telecommunications (Interception and Access) (Emergency Service Facilities – Australian Capital Territory) Instrument 2015 (the Instrument) is to ensure that listening to or recording calls to and from a declared emergency service facility is not an interception for the purposes of the Telecommunications (Interception and Access) Act 1979 (the TIA Act).

Human rights implications

Unlawful or arbitrary interference with a person’s privacy or correspondence

Article 17 of the International Covenant on Civil and Political Rights (ICCPR) prohibits arbitrary or unlawful interference with a person’s privacy, family, home or correspondence.  Interferences with privacy may be permissible, provided that they are authorised by law and not arbitrary.  In order for an interference with the right to privacy not to be ‘arbitrary’, the interference must be for a reason consistent with the provisions, aims and objectives of the ICCPR and be reasonable in the particular circumstances.  The United Nations Human Rights Committee has interpreted ‘reasonableness’ in this context to imply that ‘any interference with privacy must be proportional to the end sought and be necessary in the circumstances of any given case’.

Interceptions of telecommunications will limit the right to protection from arbitrary and unlawful interference with privacy in Article 17 of the ICCPR.  The measures in the Instrument are necessary to protect the right to life by ensuring that emergency services are able to assist an emergency caller and respond to an emergency situation as quickly as possible, without the requirement to first obtain a caller’s consent to recording of the call.

Despite the general prohibition on the interception of communications without the knowledge of parties in subsection 6(1) of the TIA Act, facilitating the listening to and recording of emergency calls made to police, fire and ambulance services under subsection 6(2F) of the TIA Act is compatible with Article 17 of the ICCPR.  This right may be limited if the limitations are for a legitimate objective, including the protection of the right to life which includes positive obligations to protect life.

The Instrument is subject to a number of safeguards, including:

  • the exception for recording calls to and from a declared emergency service facility applies only if the Attorney General is satisfied that the premises are operated by a Commonwealth, State or ACT police force or service, a State or ACT fire or ambulance service, or a service for despatching, or referring matters for the attention of, those services, and
  • the emergency service facility exception is subject to the requirement in subsection 6(2G) to ensure signs are clearly visible at each entrance to the facility and notifying persons that communications to or from the facility may be listened to or recorded.  As an additional safeguard, only premises that handle emergency calls are listed.

In addition, the location of emergency service facilities is protected as critical infrastructure information.  This information is contained in the Attorney-General's declaration under subsection 6(2B) of the TIA Act, which is not classified as a legislative instrument and is not made public.  The information is stored in appropriately classified containers by the Australian Government.  This Instrument specifies only the name of the force or service operating the premises to which the declaration relates, and the geographical region in which those premises are located.

To the extent that the measures in the legislative instrument may limit the right to protection from arbitrary and unlawful interference with privacy in Article 17 of the ICCPR, the limitation is proportionate to the legitimate objective.

Conclusion

The Instrument is compatible with human rights because it advances the protection of human rights and to the extent that it limits human rights, those limitations are authorised by law, reasonable and proportionate. 

 

Senator the Hon George Brandis QC

Attorney-General

 

 

Overview

The Telecommunications (Interception and Access) (Emergency Service Facilities – Australian Capital Territory) Instrument 2015 was enacted to ensure that the act of listening to or recording calls made to and from emergency service facilities in the Australian Capital Territory is not considered an interception under the Telecommunications (Interception and Access) Act 1979. This Instrument was created to address the need for emergency services to quickly and effectively respond to emergency situations without the procedural delay of obtaining consent from callers. Enacted by the Attorney-General under subsection 6(2D) of the TIA Act, the policy objective of the Instrument is to provide an exemption from the general prohibition on telecommunications interception, thereby enabling emergency services to handle urgent situations efficiently. The Instrument also includes measures to protect the privacy of individuals by requiring clear notification signs at emergency service facilities and safeguarding the location information of these critical facilities.

Scope and Application

The Telecommunications (Interception and Access) (Emergency Service Facilities – Australian Capital Territory) Instrument 2015 aims to ensure that listening to or recording calls to and from declared emergency service facilities does not constitute an interception under the Telecommunications (Interception and Access) Act 1979 (TIA Act). This legislative instrument applies to persons lawfully engaged in duties relating to the receiving and handling of communications to or from an emergency service facility, provided the Minister is satisfied that the premises are operated by a listed force or service capable of dealing with emergency requests. The Act extends to emergency service facilities declared by the Minister, which in this case includes those operated by the Australian Federal Police in specific regions of the Australian Capital Territory. The exclusions and safeguards include ensuring that the locations of these facilities are protected and not made public, and that signs are clearly visible at each entrance notifying persons that communications may be listened to or recorded. The Instrument replaces a previous one and adds new facilities, ensuring compliance with human rights by maintaining proportionality and necessity in the context of emergency services.

Key Provisions

The Telecommunications (Interception and Access) (Emergency Service Facilities – Australian Capital Territory) Instrument 2015 (the Instrument) is designed to align with the broader framework established by the Telecommunications (Interception and Access) Act 1979 (the TIA Act). Under subsection 6(2F) of the TIA Act, a person lawfully engaged in duties related to emergency services may listen to or record communications without contravening the general prohibition on interception. This is subject to the condition that the Minister is satisfied that the premises in question are operated by a recognised emergency service, as outlined in subsection 6(2B) of the TIA Act. The Instrument specifically lists emergency service facilities in the Australian Capital Territory, ensuring that such facilities are declared and subject to parliamentary scrutiny. The obligations imposed by the Instrument primarily pertain to the declaration and identification of emergency service facilities. According to subsection 6(2B) of the TIA Act, the Minister must be satisfied that the premises are operated by an authorised service, which includes police, fire, or ambulance services, or a dispatch service for these entities. The Instrument mandates that the Minister specify the name of the force or service and the geographical region in which the facility is located. This ensures that only facilities handling emergency calls are listed and that the location of these critical infrastructure sites remains protected. In terms of consequences for breach, the TIA Act generally prohibits the interception of communications without the knowledge of the parties involved, as stated in subsection 6(1). However, under the specific provisions of subsection 6(2F), authorised personnel can listen to or record communications to facilitate emergency responses. The safeguards in place, such as the requirement for visible signs notifying persons that communications may be listened to or recorded, aim to balance the need for effective emergency services with the protection of privacy rights. There are no explicit maximum penalties mentioned in the Instrument for breaches of these provisions, but violations would typically be subject to the general penalties outlined in the TIA Act. The legislative framework ensures that the emergency service facilities listed are protected as critical infrastructure, with the exact locations disclosed only in a non-public declaration by the Minister. This approach is designed to maintain the confidentiality of the facilities while still allowing for the necessary exceptions to the general interception prohibition. The safeguards and the limited scope of the declaration aim to mitigate any potential interference with privacy rights, ensuring that the measures are both necessary and proportionate to the legitimate objective of facilitating effective emergency responses.

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Area of Law
Privacy Law
Telecommunications Law
Instrument
Instrument
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Human Rights Compatibility

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.