Telecommunications (Interception and Access) (Emergency Service Facilities - Queensland) Instrument 2012

Administered by Attorney-General's Department

Legislation au F2012L01014 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 – Queensland) Instrument 2012

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 Telecommunications (Interception and Access)
(Emergency Service Facilities – Queensland) Instrument 2012 (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 the communications without contravening the general prohibition against interception.  Subsection 6(2B) of the 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 Act.  The Telecommunications (Interception and Access)
(Emergency Service Facilities – Queensland) Declaration 2012 (the Declaration) is made under subsection 6(2B) of the Act.  The Attorney-General, as Minister, is satisfied that the operations at these facilities meet the requirements of subsection 6(2B) of the 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 Act is not classified as 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.  The Instrument is made under subsection 6(2D) of the Act.  The Instrument replaces the previous Instrument, and adds new emergency service facilities operated by the Australian Communication Exchange Limited and Airservices Australia’s Aviation Rescue and Fire Fighting Service in the geographic regions listed on the Instrument. 

Australian Communication Exchange Limited, Airservices Australia and the Office of Legislative Drafting and Publishing were consulted on the Declaration and Instrument. 

The Instrument commences on the day after it is registered.

Statement of Compatibility with Human Rights

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.  The Act prohibits the interception of communications without the knowledge of the parties.  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. 

Human rights implications

Right to privacy

Despite the general prohibition on the interception of communications without the knowledge of parties, facilitating the listening to and recording emergency calls made to police, fire and ambulance services under subsection 6(2F) of the TIA is compatible with Article 17 of the International Covenant on Civil and Political Rights.  Article 17 prohibits unlawful or arbitrary interferences with a person’s privacy, and provides that everyone has the right to the protection of the law against such interference or attacks.  The right to privacy will particularly be engaged when personal information is collected, stored, used, and disclosed.  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 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.

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

  • the exception for recording calls to and from a declared emergency service facilities applies only if the Attorney‑General is satisfied that the premises are operated by a police, fire or ambulance service of a State or of the Australian Capital Territory, or a service for despatching or referring matters for the attention of such 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 those premises which 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 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.

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. 

 

Overview

The Telecommunications (Interception and Access) (Emergency Service Facilities – Queensland) Instrument 2012 was enacted to address the specific need for emergency services facilities in Queensland to be able to monitor and record calls without contravening the general prohibition against interception of communications established by the Telecommunications (Interception and Access) Act 1979. This Instrument was created by the Attorney-General under the authority of the Act to ensure that the monitoring and recording of emergency calls for services such as police, fire, and ambulance do not constitute an interception. The policy objective is to safeguard the right to privacy while enabling emergency services to effectively respond to calls, ensuring that these activities are lawful, reasonable, and proportionate in accordance with human rights standards. This Instrument complements the broader legislative framework by providing a clear exception for emergency service facilities to monitor and record calls, subject to certain conditions and safeguards. These include the requirement that the Attorney-General is satisfied that the premises are operated by a legitimate emergency service and that signs are posted to inform callers that their communications may be monitored. The information regarding the specific locations of these facilities is protected and not disclosed publicly, maintaining both the effectiveness of emergency services and the privacy rights of individuals.

Scope and Application

The Telecommunications (Interception and Access) Act 1979 applies to all individuals and entities within Australia, establishing a general prohibition against the interception of communications passing over telecommunications systems. However, this prohibition does not apply to emergency service facilities that have been declared under subsection 6(2B) of the Act. Specifically, personnel lawfully engaged in duties relating to receiving and handling communications to or from these emergency service facilities can listen to or record such communications without contravening the general prohibition. The Telecommunications (Interception and Access) (Emergency Service Facilities – Queensland) Instrument 2012 clarifies that listening to or recording calls to and from declared emergency service facilities is not considered an interception under the Act. This exemption is subject to the Minister's satisfaction that the premises are operated by a State or ACT police, fire, or ambulance service, or a related dispatch service. Additionally, the Telecommunications (Interception and Access) (Emergency Service Facilities – Queensland) Declaration 2012 identifies specific facilities covered under this exception, ensuring that the locations of these critical infrastructure facilities remain protected as sensitive information.

Key Provisions

The main operative sections of the Telecommunications (Interception and Access) (Emergency Service Facilities – Queensland) Instrument 2012 (the Instrument) are sections 6(2F) and 6(2D) of the Telecommunications (Interception and Access) Act 1979 (the Act). Section 6(2F) of the Act allows a person lawfully engaged in duties relating to the receiving and handling of communications to or from a declared emergency service facility to listen to or record those communications without contravening the general prohibition against interception. This exception is designed to facilitate the operation of emergency services. Section 6(2D) requires the Minister to 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, ensuring that while the specific location of these facilities is protected, some level of transparency and accountability is maintained. The Instrument imposes obligations on the parties it governs primarily by ensuring that any interception of communications to or from emergency service facilities is lawful and transparent. Under section 6(2B) of the Act, the Minister must be satisfied that the premises are operated by an eligible emergency service. The Attorney-General, acting as Minister, has declared that certain facilities meet the criteria of being operated by a State or Australian Capital Territory police, fire or ambulance service, or a service for dispatching or referring matters for the attention of such services. Furthermore, the Instrument mandates that signs must be clearly visible at each entrance to the facility, notifying persons that communications to or from the facility may be listened to or recorded, as per subsection 6(2G) of the Act. These requirements ensure that the operations of these facilities are both legitimate and transparent, maintaining a balance between the need for operational efficiency in emergency situations and the protection of privacy rights. Any breach of the provisions of the Instrument or the Act could lead to civil or criminal consequences. While the Act itself does not specify maximum penalties for breaches of the Instrument, general provisions under the Act provide for substantial penalties for unauthorised interception of communications. Penalties can include fines and imprisonment, with the severity of the penalty often dependent on the nature and extent of the breach. Additionally, there could be civil consequences for any violation of privacy rights, potentially leading to lawsuits for damages. These provisions and potential consequences ensure that the safeguards and exceptions provided by the Instrument are strictly adhered to, maintaining the balance between the need for emergency service efficiency and the protection of individual privacy rights.

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Area of Law
Telecommunications Law
Instrument
Instrument
Concepts
Definitions & Interpretation
Regulatory Standards
Prohibited Conduct

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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.