Explanatory Statement
Issued by the Authority of the Attorney-General
Telecommunications (Interception and Access) Act 1979
Telecommunications (Interception and Access) (Emergency Service Facilities –Queensland) Instrument 2007 (No.2)
The Telecommunications (Interception and Access) Act 1979 (the Act) establishes a general prohibition against the interception of communications passing over a telecommunications system. The purpose of 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 Act.
Subsection 6(2F) of the 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 a communication to or from the emergency service facility without contravening the general prohibition against interception.
The exception provided by subsection 6(2F) of the Act only applies to emergency services facilities that are declared by the Minister pursuant to subsection 6(2B) of the
Act. To protect against the publication of the location of the facilities, which are critical infrastructure, a declaration under subsection 6(2B) of the Act is not a legislative instrument.
To maintain Parliamentary scrutiny of the declarations, subsection 6(2D) of the 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.
On 27 April 2007, the Attorney-General, as Minister administering the Act, made the Telecommunications (Interception) (Emergency Service Facility – Queensland) Declaration 2007 and the corresponding legislative instrument.
The emergency service facilities at Roma and Toowoomba are now operating at new addresses. The current declaration refers to premises occupied by the Beenleigh Police Communications Centre which should properly be called the Logan Police Communications Centre. Other minor amendments are necessary to correct numbers and the spelling of street names.
The Telecommunications (Interception and Access) (Emergency Service Facilities – Queensland) Instrument 2007 (No. 2) is made under subsection 6(2D) of the Act and revokes and replaces the current instrument. The related declaration, the Telecommunications (Interception and Access) (Emergency Service Facilities ‑ Queensland) Declaration 2007 (No.2), is made under subsection 6(2B) of the Act and revokes and replaces the current declaration.
This instrument commences on the day after it is registered.
Overview
The Telecommunications (Interception and Access) (Emergency Service Facilities – Queensland) Instrument 2007 (No. 2) was introduced to amend and update the existing framework under the Telecommunications (Interception and Access) Act 1979, which sets the legal parameters for intercepting telecommunications. This legislation was enacted by the Parliament of Australia to provide a general prohibition against the interception of communications, with specific exceptions to ensure that emergency services can operate effectively without contravening these prohibitions. The 2007 Instrument was developed to address the need for updating the locations and names of emergency service facilities in Queensland, ensuring that the law accurately reflects the current operational realities and protects the critical infrastructure of these facilities from public disclosure. The Minister, under the authority of the Attorney-General, made this legislative instrument to maintain parliamentary oversight and ensure compliance with the Act’s stipulations.
Scope and Application
The Telecommunications (Interception and Access) Act 1979, as amended by the Telecommunications (Interception and Access) (Emergency Service Facilities – Queensland) Instrument 2007 (No. 2), governs the interception and access of telecommunications communications within Australia. The Act broadly prohibits the interception of communications passing over telecommunications systems, except as specifically provided. The Instrument specifically addresses emergency service facilities, allowing authorised personnel to listen to or record communications to and from declared emergency service facilities without contravening the general prohibition. This exception applies only to facilities declared by the Minister under the Act and is not subject to formal legislative instrument publication to protect critical infrastructure locations. The Instrument, made under subsection 6(2D) of the Act, specifies the force or service and the geographical region of the declared facilities, thereby ensuring parliamentary scrutiny. The current revision corrects and updates the addresses and names of emergency service facilities in Queensland, reflecting changes such as new facility addresses and correcting previous references and spellings. This amendment ensures the continued applicability and accuracy of the legislative provisions concerning emergency service facilities in Queensland.
Key Provisions
The Telecommunications (Interception and Access) (Emergency Service Facilities – Queensland) Instrument 2007 (No. 2) amends the existing legal framework for emergency service facilities in Queensland, allowing for specific exceptions to the general prohibition on telecommunications interception. Subsection 6(2F) of the Telecommunications (Interception and Access) Act 1979 permits authorised personnel to listen to or record communications to and from declared emergency service facilities without contravening the Act’s general interception prohibition. These exceptions apply only to facilities declared by the Minister under subsection 6(2B) of the Act. The Instrument, made under subsection 6(2D), requires the Minister to specify the operating force or service and the geographical region of the premises to maintain transparency and accountability while protecting critical infrastructure locations from public disclosure.
Entities governed by the Act must ensure their operations comply with the declared exceptions for emergency service facilities. The Minister is mandated to periodically review and update the list of emergency service facilities to reflect changes in operational premises or locations. This includes the obligation to correct any inaccuracies, such as the misidentification of the Beenleigh Police Communications Centre as the Logan Police Communications Centre. The Minister must also ensure that any new or altered premises are accurately represented in the declarations to maintain the integrity of the legislative instrument.
Failure to comply with the requirements of the Act and the Instrument may result in legal repercussions. While the Act does not explicitly detail specific offences or penalties in this context, breaches of the general interception prohibition can lead to substantial penalties under other sections of the Act. The Telecommunications (Interception and Access) Act 1979 provides for maximum penalties for unauthorised interceptions, which can include fines and imprisonment. Therefore, entities and individuals must adhere strictly to the legislative requirements to avoid potential civil or criminal liabilities.