Telecommunications (Interception and Access) (Emergency Service Facilities — Australian Capital Territory) Instrument 2019

Administered by Department of Home Affairs

Legislation au F2019L01056 In force Legislative Instrument

Legislation content

Telecommunications (Interception and Access) (Emergency Service Facilities — Australian Capital Territory) Instrument 2019

LIN 19/221

made under subsection 6(2D) of the

Telecommunications (Interception and Access) Act 1979

Compilation No. 3

Compilation date: 10 July 2025

Includes amendments: F2025L00927

About this compilation

This compilation

This is a compilation of the Telecommunications (Interception and Access) (Emergency Service Facilities — Australian Capital Territory) Instrument 2019 that shows the text of the law as amended and in force on 10 July 2025 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).

Application, saving and transitional provisions

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Presentational changes

The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.

Selfrepealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

1 Name

3 Authority

4 Schedules

5 Definitions

Schedule 1—Emergency service facilities

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

 

1  Name

  This instrument is the Telecommunications (Interception and Access) (Emergency Service Facilities  Australian Capital Territory) Instrument 2019. This instrument may be cited as LIN 19/221.

3  Authority

  This instrument is made under subsection 6(2D) of the Telecommunications (Interception and Access) Act 1979.

4  Schedules

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

5  Definitions

  In this instrument:

Act means the Telecommunications (Interception and Access) Act 1979.

ACT means Australian Capital Territory.

Schedule 1—Emergency service facilities

 

1  Specified forces, services and geographical regions

 (1) For the purposes of subsection 6(2D) of the Act, the following is specified:

 (a) in column 1 of the following table—the name of the force or service operating the premises to which a declaration made under subsection 6(2B) of the Act relates; and

 (b) in column 2 of the following table—the geographical region in which those premises are located.

 

Item

Column 1

Force or service

Column 2

Geographical region

1

Australian Federal Police

Barton

Belconnen

Greenway

Hume

Majura

2

ACT Emergency Services Agency

Belconnen

Hume

Majura

3

Airservices Australia – Aviation Rescue and Fire Fighting Service

Pialligo

4

Australian Maritime Safety Authority

Canberra

Mitchell

 

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

 

ad = added or inserted

orig = original

am = amended

p = page(s)

amdt = amendment

para = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/subsubparagraph(s)

ch = Chapter(s)

pres = present

cl = clause(s)

prev = previous

cont. = continued

(prev…) = previously

def = definition(s)

pt = Part(s)

Dict = Dictionary

r = regulation(s)/Court rule(s)

disallowed = disallowed by Parliament

reloc = relocated

div = Division(s)

renum = renumbered

ed = editorial change

rep = repealed

exp = expires/expired or ceases/ceased to have

rs = repealed and substituted

effect

s = section(s)/subsection(s)

gaz = gazette

/rule(s)/subrule(s)/order(s)/suborder(s)

LA = Legislation Act 2003

sch = Schedule(s)

LIA = Legislative Instruments Act 2003

SLI = Select Legislative Instrument

(md) = misdescribed amendment can be given

SR = Statutory Rules

effect

sub ch = SubChapter(s)

(md not incorp) = misdescribed amendment

sub div = Subdivision(s)

cannot be given effect

sub pt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

Ord = Ordinance

 

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Telecommunications (Interception and Access) (Emergency Service Facilities — Australian Capital Territory) Instrument 2019 (LIN 19/221)

12 Aug 2019 (F2019L01056)

13 Aug 2019 (s 2)

 

Telecommunications (Interception and Access) (Emergency Service Facilities — Australian Capital Territory) Amendment Instrument 2021 (No. 1) (LIN 21/042)

24 Sept 2021 (F2021L01319)

25 Sept 2021

Telecommunications (Interception and Access) Legislation Amendment (Emergency Service Facilities) Instrument (No. 1) 2025

29 May 2025 (F2025L00611)

Sch 5: 28 May 2025 (s 2(1) item 5)

Telecommunications (Interception and Access) Legislation Amendment (Emergency Service Facilities) Instrument (No. 2) 2025

19 Aug 2025 (F2025L00927)

Sch 5: 10 July 2025 (s 2(1) item 1)

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 2.....................

rep LA s 48D

Schedule 1

 

Schedule 1................

am F2021L01319; F2025L00611; F2025L00927

Schedule 2................

rep LA s 48C

 

 

Overview

The Telecommunications (Interception and Access) (Emergency Service Facilities — Australian Capital Territory) Instrument 2019, gazetted as F2019L01056, was enacted to address the specific telecommunications interception and access requirements for emergency service facilities in the Australian Capital Territory (ACT). This legislative instrument was made under subsection 6(2D) of the Telecommunications (Interception and Access) Act 1979 by the Commonwealth of Australia, through its relevant legislative authority. The primary policy objective of this instrument is to ensure that emergency services in the ACT have the necessary legal framework to access telecommunications for emergency purposes, while also maintaining the privacy and security of telecommunications users. The instrument specifies the emergency services and geographical regions to which the provisions of the Act apply within the ACT, thereby addressing the gap in the existing legislative framework that did not adequately cater to the unique needs of emergency services in this region.

Scope and Application

The Telecommunications (Interception and Access) (Emergency Service Facilities — Australian Capital Territory) Instrument 2019, known as LIN 19/221, is a legislative instrument made under subsection 6(2D) of the Telecommunications (Interception and Access) Act 1979. It applies specifically to emergency service facilities within the Australian Capital Territory, identifying these facilities and the geographical regions in which they are located. The instrument is intended to facilitate the lawful interception of telecommunications and access to telecommunications data in emergency situations by authorised personnel. It is a Commonwealth instrument and thus operates under the jurisdiction of the Commonwealth of Australia, specifically impacting the operations of various emergency services within the ACT. The instrument is effective from its commencement date of 13 August 2019 and has been subject to amendments, including those made by the Telecommunications (Interception and Access) Legislation Amendment (Emergency Service Facilities) Instrument (No. 1) 2025 and the Telecommunications (Interception and Access) Legislation Amendment (Emergency Service Facilities) Instrument (No. 2) 2025. These amendments, which were registered on 29 May 2025 and 19 August 2025 respectively, have modified the schedules of the original instrument, ensuring it remains current and relevant to the operational needs of the specified emergency services within the ACT.

Key Provisions

The Telecommunications (Interception and Access) (Emergency Service Facilities — Australian Capital Territory) Instrument 2019 (LIN 19/221) primarily specifies the emergency service facilities within the Australian Capital Territory (ACT) that are subject to telecommunications interception and access provisions under the Telecommunications (Interception and Access) Act 1979. Section 1 of the instrument provides a list of specified forces, services, and their geographical regions. These details are critical for determining which facilities are covered under the legal provisions for interception and access of telecommunications for law enforcement purposes. The Act imposes several obligations on the parties involved, particularly the specified emergency service facilities within the ACT. These entities must comply with the outlined provisions, ensuring that any interception and access of telecommunications is conducted lawfully and within the boundaries of the legal framework established by the Act. The requirements also include adherence to any subsequent amendments or updates to the legislation, ensuring that practices remain current with legal standards and practices. Breaches of the Act can lead to serious consequences. Under the Telecommunications (Interception and Access) Act 1979, unauthorised interception of telecommunications can result in both civil and criminal penalties. The maximum penalties for such offences can include substantial fines and imprisonment, depending on the severity and intent of the violation. The precise nature of the penalties and the enforcement mechanisms are detailed in the primary Act and its accompanying regulations, ensuring that there are clear legal repercussions for non-compliance with the specified provisions. The legislative instrument also includes an amendment history, detailing the changes made to the original Act over time. This includes the removal of certain provisions and the addition of new specifications, as evidenced by the legislative instruments and amendments noted in the endnotes. These amendments reflect the evolving nature of telecommunications and the need to adapt legal frameworks to new technologies and practices. The most recent amendment, the Telecommunications (Interception and Access) Legislation Amendment (Emergency Service Facilities) Instrument (No. 2) 2025, highlights ongoing efforts to refine and update the legal provisions governing emergency service facilities in the ACT.

Legal classification tags

Area of Law
Telecommunications Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Regulatory Standards
Enforcement Powers

Interactions

Authorises

All Versions

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.