TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 6 Interception of a communication

TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 6

  (1)   For the purposes of this Act (other than Schedule   1), but subject to this section, interception of a communication passing over a telecommunications system consists of listening to or recording, by any means, such a communication in its passage over that telecommunications system without the knowledge of the person making the communication.

Communications to or from emergency service facilities

  (2A)   An emergency service facility is premises that are declared by the Minister, by written instrument, to be an emergency service facility.

  (2B)   The Minister may declare premises to be an emergency service facility if the Minister is satisfied that the premises are operated by:

  (a)   a police force or service of the Commonwealth, of a State or of the Australian Capital Territory; or

  (b)   a fire service of a State or of the Australian Capital Territory; or

  (c)   an ambulance service of a State or of the Australian Capital Territory; or

  (d)   a service for despatching, or referring matters for the attention of, a force or service referred to in paragraph   (a), (b) or (c);

to enable that force or service, or another force or service, to deal with a request for assistance in an emergency.

  (2C)   A declaration by the Minister under subsection   (2B) is not a legislative instrument.

  (2D)   If the Minister makes a declaration under subsection   (2B), the Minister must, by legislative instrument, specify:

  (a)   the name of the force or service operating the premises to which the declaration relates; and

  (b)   the geographical region in which those premises are located.

  (2E)   If a House of the Parliament disallows, in accordance with section   42 of the Legislation Act 2003 , a legislative instrument made under subsection   (2D), the declaration to which the instrument relates is taken to have been revoked at the time of the disallowance.

  (2F)   If a person who is lawfully engaged in duties relating to the receiving and handling of communications to or from an emergency service facility listens to or records a communication passing over a telecommunications system to or from the emergency service facility, the listening or recording does not, for the purposes of this Act, constitute an interception of the communication.

  (2G)   Subsection   (2F) only applies in relation to an emergency service facility if signs notifying persons that communications to or from the facility may be listened to or recorded are clearly visible at each entrance to the facility.

  (2H)   If:

  (a)   an inspector under section   284 of the Radiocommunications Act 1992 is lawfully engaged in performing spectrum management functions of the Australian Communications and Media Authority under the Australian Communications and Media Authority Act 2005 or the Radiocommunications Act 1992 ; and

  (b)   while performing those spectrum management functions, the inspector incidentally listens to or records a communication passing over a telecommunications system;

the listening or recording does not, for the purposes of this Act, constitute an interception of the communication.

  (2J)   If:

  (a)   an inspector under section   284 of the Radiocommunications Act 1992 is lawfully engaged in exercising powers under Part   2 of the Regulatory Powers (Standard Provisions) Act 2014 as it applies in relation to:

  (i)   a provision mentioned in subsection   284A(1) of the Radiocommunications Act 1992 ; or

  (ii)   information mentioned in subsection   284A(2) of the Radiocommunications Act 1992 ; and

  (b)   while exercising those powers, the inspector incidentally listens to or records a communication passing over a telecommunications system;

the listening or recording does not, for the purposes of this Act, constitute an interception of the communication.

  (2K)   If:

  (a)   an inspector under section   284 of the Radiocommunications Act 1992 is lawfully engaged in exercising powers under Part   3 of the Regulatory Powers (Standard Provisions) Act 2014 as it applies in relation to a provision mentioned in subsection   284B(1) of the Radiocommunications Act 1992 ; and

  (b)   while exercising those powers, the inspector incidentally listens to or records a communication passing over a telecommunications system;

the listening or recording does not, for the purposes of this Act, constitute an interception of the communication.

Communications to publicly - listed ASIO numbers

  (3)   A publicly - listed ASIO number is a telephone number that:

  (a)   enables members of the public to contact the Organisation; and

  (b)   is listed in:

  (i)   a telephone directory; or

  (ii)   a telephone number database;

    that is available to the public.

  (4)   If:

  (a)   a person makes a call to a publicly - listed ASIO number; and

  (b)   another person who is lawfully engaged in duties relating to the receiving and handling of communications to that number listens to or records a communication passing over a telecommunications system in the course of that call;

the listening or recording does not, for the purposes of this Act, constitute the interception of the communication.