Telecommunications (Interception and Access) (Emergency Service Facilities — Queensland) Instrument 2013

Administered by Attorney-General's Department

Legislation au F2013L01790 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 2013

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 2013 (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 2013 (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 Commonwealth, a State or ACT police force or service, State or ACT 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 Royal Flying Doctor Service in the geographic regions listed on the Instrument.

The Royal Flying Doctor Service 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 – Queensland) Instrument 2013 (‘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

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 in subsection 6(1) of the Act, facilitating the listening to and recording of emergency calls made to police, fire and ambulance services under subsection 6(2F) of the TIA 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 facilities 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 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.

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 – Queensland) Instrument 2013 was enacted to amend the Telecommunications (Interception and Access) Act 1979 by specifying certain emergency service facilities in Queensland where communications can be lawfully listened to or recorded without being considered an interception under the Act. The primary objective of this Instrument is to ensure that emergency services can effectively monitor and respond to calls without contravening the general prohibition against the interception of communications. This was achieved through an exemption under subsection 6(2F) of the Act, which allows authorised personnel at declared emergency service facilities to listen to or record communications. The Instrument was made under subsection 6(2D) of the Act and provides that the Minister must, by legislative instrument, specify the name of the force or service operating the premises and the geographical region in which those premises are located. This Instrument was issued under the authority of the Attorney-General and is compatible with human rights, as it ensures that the exemption for emergency services is balanced with the right to privacy and is subject to various safeguards. These safeguards include the requirement that signs must be visible at each entrance to the facility, notifying persons that communications may be listened to or recorded. Additionally, the locations of emergency service facilities are protected as critical infrastructure information and are not made public, further safeguarding the privacy of individuals while allowing emergency services to operate effectively.

Scope and Application

The Telecommunications (Interception and Access) (Emergency Service Facilities – Queensland) Instrument 2013 applies to telecommunications operators and emergency service facilities in Queensland, ensuring that the listening to or recording of calls made to and from declared emergency service facilities is not considered an interception under the Telecommunications (Interception and Access) Act 1979. This exception is conditional on the Minister being satisfied that the emergency service facility premises are operated by an authorised entity such as a Commonwealth, state or ACT police force, fire or ambulance service, or a dispatch service for these entities. The geographical scope of the Instrument is limited to Queensland, where it specifies the emergency service facilities involved and the regions they cover. The Instrument aims to balance the right to privacy with the need for emergency services to respond swiftly and effectively. Additionally, the location of these facilities is protected as critical infrastructure, and the information is kept confidential. The Instrument supplements the Act by specifying which emergency service facilities are exempt from the general prohibition on interception, thereby extending the Act's application to include these specific cases.

Key Provisions

The Telecommunications (Interception and Access) (Emergency Service Facilities – Queensland) Instrument 2013 (the Instrument) provides an exception to the general prohibition on intercepting telecommunications under the Telecommunications (Interception and Access) Act 1979 (the Act). Specifically, Subsection 6(2F) of the Act permits a person lawfully engaged in duties related to receiving and handling communications to or from a declared emergency service facility to listen to or record those communications without contravening the prohibition on interception. This exception is conditional upon the Minister being satisfied that the premises are operated by an eligible force or service, as outlined in Subsection 6(2B) of the Act. These eligible entities include Commonwealth, State, or ACT police forces or services, State or ACT fire or ambulance services, or services that dispatch or refer matters to these emergency services. The Act imposes obligations on various parties, primarily those operating emergency service facilities. For these facilities to qualify for the interception exception, they must be declared by the Minister under Subsection 6(2B) of the Act. The Telecommunications (Interception and Access) (Emergency Service Facilities – Queensland) Declaration 2013 (the Declaration) specifies that the Minister, in this case, the Attorney-General, must be satisfied that the operations meet the necessary requirements. Additionally, Subsection 6(2D) of the Act requires the Minister to specify the name of the force or service and the geographical region in which the premises are located through a legislative instrument, such as the Instrument in question. This ensures that the declaration is both transparent and subject to parliamentary scrutiny while protecting the critical infrastructure information of these facilities. Failure to comply with the provisions of the Act can result in various legal consequences. Although the specific penalties for breach are not detailed in the Instrument, the Act generally provides for both civil and criminal penalties for unauthorised interception of telecommunications. Civil penalties can include fines and compensation orders, while criminal penalties may involve imprisonment, reflecting the seriousness of unauthorised interceptions. The Act’s provisions are designed to balance the need for emergency services to efficiently handle calls with the protection of individuals' privacy rights, ensuring that any exceptions to the prohibition on interception are tightly controlled and justified.

Legal classification tags

Area of Law
Telecommunications Law
Instrument
Instrument
Concepts
Offence Provisions
Enforcement Powers
Rights & Protections
Catchwords
Interception

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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.