Telecommunications (Interception and Access) (Emergency Services Facilities – Northern Territory) Instrument 2013

Administered by Attorney-General's Department

Legislation au F2013L01789 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 – Northern Territory) 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 – Northern Territory) 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 – Northern Territory) 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, 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.

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 a new emergency service facility operated by the Royal Flying Doctor Service in the geographical regions listed on the Instrument. 

The Royal Flying Doctor Service was consulted on the Declaration and the 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 – Northern Territory) 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, 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) Act 1979 (TIA Act) was enacted to establish a general prohibition against the interception of communications passing over a telecommunications system, addressing the need to balance privacy rights with the necessity for law enforcement and emergency services to access communications in critical situations. The Telecommunications (Interception and Access) (Emergency Service Facilities – Northern Territory) Instrument 2013 was introduced to provide an exemption to this prohibition, ensuring that listening to or recording calls to and from declared emergency service facilities does not constitute an interception under the Act. This Instrument was enacted by the Attorney-General under the authority granted by the TIA Act to protect the privacy of communications while enabling essential emergency services to perform their duties effectively. The policy objective is to facilitate the rapid response to emergencies by allowing emergency services to access necessary communications without unnecessary legal hindrances, provided the facilities meet specified criteria and are duly declared.

Scope and Application

The Telecommunications (Interception and Access) Act 1979 (TIA) applies broadly to all persons and entities involved in telecommunications within Australia, establishing a general prohibition on the interception of communications passing over a telecommunications system. However, the Act provides exceptions to this prohibition under specific circumstances, particularly in relation to emergency services. The Telecommunications (Interception and Access) (Emergency Service Facilities – Northern Territory) Instrument 2013 amends the Act to clarify that listening to or recording calls to and from declared emergency service facilities in the Northern Territory does not constitute an interception. This exception applies if the Minister is satisfied that the facility is operated by a recognised emergency service, such as a police, fire, or ambulance service, or a service that dispatches these entities. The Attorney-General’s declaration, which is not made public to protect the critical infrastructure, specifies the facilities covered. The Instrument further details the geographical regions where these facilities are located, ensuring compliance with the legislative requirements while maintaining the confidentiality of the exact locations. The measures are subject to safeguards, including visible signage at each facility entrance notifying persons that communications may be listened to or recorded. This legislative framework ensures that the essential operations of emergency services can proceed without the hindrance of obtaining consent for call recordings, thereby facilitating prompt and effective emergency responses.

Key Provisions

The Telecommunications (Interception and Access) Act 1979 (the Act) generally prohibits the interception of communications passing over a telecommunications system. However, subsection 6(2F) of the Act allows a person lawfully engaged in duties relating to the receiving and handling of communications to or from an 'emergency service facility' to listen to or record the communications without contravening this prohibition. The Telecommunications (Interception and Access) (Emergency Service Facilities – Northern Territory) Instrument 2013 (the Instrument) is designed to ensure that this exception applies to listening to or recording calls to and from emergency service facilities. The Instrument is made under subsection 6(2D) of the Act, which requires the Minister to specify the name of the force or service operating the premises and the geographical region in which those premises are located. The Instrument imposes obligations on the parties or entities it governs, primarily ensuring that the facilities it covers are operated by recognised emergency services such as police, fire, or ambulance services, or by services that dispatch or refer matters to these services. The Minister must be satisfied that these facilities meet specific criteria to be declared under subsection 6(2B) of the Act, and the Instrument lists the specific premises and regions involved. These facilities must also comply with the requirement in subsection 6(2G) of the Act to display signs notifying persons that communications to or from the facility may be listened to or recorded. Breach of the general prohibition on telecommunications interception can result in both civil and criminal consequences. Under the Act, unauthorised interception of communications can lead to criminal penalties, including fines and imprisonment. The Act does not specify maximum penalties, but the severity of the penalties can vary depending on the nature and extent of the breach. Additionally, there may be civil remedies available to individuals whose communications have been intercepted unlawfully. The Instrument itself does not create new offences but ensures that the legitimate activities of emergency services are not hindered by the general prohibition on interception. The Telecommunications (Interception and Access) (Emergency Service Facilities – Northern Territory) Declaration 2013 (the Declaration) is also critical in this context. The Declaration, made under subsection 6(2B) of the Act, ensures that only specified facilities can benefit from the exception to the interception prohibition. The Attorney-General, as Minister, must be satisfied that these facilities are operated by authorised forces or services. The Declaration is not classified as a legislative instrument and is not made public to protect the critical infrastructure information that the locations of these facilities represent. This ensures that while emergency services can operate effectively, the locations of these facilities remain confidential, balancing the need for emergency response with the protection of sensitive information.

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Area of Law
Telecommunications Law
Privacy Law
Instrument
Instrument
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Human Rights Law

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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.