Explanatory Statement
Issued by the Authority of the Attorney-General
Telecommunications (Interception and Access) Act 1979
Telecommunications (Interception and Access) (Emergency Service Facilities –
Tasmania) Instrument 2011
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. 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.
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 and the geographical region in which those premises are located.
The Telecommunications (Interception and Access) (Emergency Service Facilities –
Tasmania) Instrument 2011 is made under subsection 6(2D) of the Act.
The new Instrument replaces the previous Instrument, and changes the name of the service listed on the Instrument from “Tasmanian Ambulance Service” to “Ambulance Tasmania”.
Consultation with Ambulance Tasmania was undertaken in relation to the Instrument. The Attorney-General is satisfied that the operations at these facilities meet the requirements of section 6 of the Act, being facilities operated by a fire service of a State to enable that service to deal with requests for assistance in an emergency.
This instrument commences on the day after it is registered.