Telecommunications (Interception and Access) (Emergency Services Facilities – Queensland) Instrument 2015

Overview

The Telecommunications (Interception and Access) (Emergency Service Facilities – Queensland) Instrument 2015 was enacted to address a specific gap in the Telecommunications (Interception and Access) Act 1979 by identifying additional emergency service facilities in Queensland that are authorised to intercept telecommunications. The instrument was introduced to ensure that emergency services in Queensland can effectively utilise telecommunications interception for public safety purposes. Enacted by the Australian Government under the authority of subsection 6(2D) of the Telecommunications (Interception and Access) Act 1979, the primary policy objective of this instrument is to enhance the capability of emergency services to respond to urgent situations by providing them with the legal framework to intercept telecommunications where necessary. This legislative instrument, compiled and maintained by the Attorney-General’s Department, incorporates amendments and updates as required, ensuring its relevance and effectiveness in supporting emergency service operations within the specified geographical regions of Queensland. The instrument was first enacted on 23 June 2015, with subsequent amendments in 2019 and 2025, reflecting changes in operational needs and legislative requirements. The ongoing amendments and updates are accessible on the legislation register, providing transparency and facilitating compliance with current legal standards.

Scope and Application

The Telecommunications (Interception and Access) (Emergency Service Facilities – Queensland) Instrument 2015 is a legislative instrument made under the Telecommunications (Interception and Access) Act 1979, applying specifically to emergency service facilities located within defined geographical regions in Queensland. This instrument lists the emergency services that operate premises in specific areas across the state, thereby enabling authorised interceptions and access to telecommunications for these emergency services. The instrument applies to the Queensland Police Service, Queensland Fire and Rescue, Queensland Ambulance Service, Australian Communication Exchange, Airservices Australia, the Royal Flying Doctor Service, and Concentrix Services, each operating within specified regions. This legislation is jurisdictional, applying only within the state of Queensland, and is not applicable to any other state or territory within Australia. The instrument may be subject to further modifications or extensions through subordinate instruments, though no such exclusions, exemptions, or thresholds are explicitly stated in the document. The details of any uncommenced amendments or modifications are accessible through the Federal Register of Legislation.

Key Provisions

The Telecommunications (Interception and Access) (Emergency Service Facilities – Queensland) Instrument 2015, as amended, sets out the specific premises where emergency services facilities are located in Queensland for the purposes of the Telecommunications (Interception and Access) Act 1979 (TIA Act). Section 5 of the Instrument identifies the emergency service facilities and the geographical regions in which they operate. These include the Queensland Police Service, Queensland Fire and Rescue Service, Queensland Ambulance Service, Australian Communication Exchange, Airservices Australia, Royal Flying Doctor Service, and Concentrix Services. The Instrument lists the specific locations within Brisbane, Broadbeach, Bundaberg, Cairns, Charleville, Gladstone, Gympie, Innisfail, Yamanto, Beenleigh, Longreach, Mackay, Mareeba, Maroochydore, Maryborough, Mount Isa, Redcliffe, Rockhampton, Roma, Toowoomba, Townsville, Kedron, Lytton, Southport, South Townsville, Warana, Buderim, Currajong, Lutwyche, Parkhurst, Bilinga (Gold Coast Coolangatta), Clinton (Gladstone), Garbutt (Townsville), Gunyarra (Whitsunday), Hamilton Island, Marcoola, and Manunda. The Act imposes specific obligations on these emergency services and facilities. Firstly, it mandates that each force or service must operate premises in the specified regions as listed in the Instrument. These regions are critical for the purposes of the TIA Act, which allows for telecommunications interception and access in certain circumstances, particularly where there is an emergency or a need to protect public safety. Secondly, the Act requires that these premises be utilised for the operations pertinent to their respective emergency services. This includes facilities for dispatching, or referring matters for the attention of, a force or service. The Instrument ensures that the correct premises are identified to facilitate effective telecommunications interception and access where necessary. The Instrument also outlines the potential consequences for breaches of the Act. Under the TIA Act, there are both civil and criminal penalties for non-compliance. Civil penalties can include fines and damages for any harm caused by the breach. Criminal penalties can include imprisonment and/or fines, with the maximum penalties varying depending on the severity and intent of the breach. For example, wilful and reckless interceptions can lead to significant criminal penalties, including fines of up to $222,000 and imprisonment for up to 10 years. The precise nature and extent of penalties are detailed in the TIA Act, which the Instrument references and supplements. Non-compliance with the requirements to accurately identify and operate the specified premises could potentially lead to these penalties, underscoring the importance of adhering to the Instrument’s provisions.