Commonwealth Consolidated Acts

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TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 30

Emergency requests

             (1)  Where:

                     (a)  a person is a party to a communication passing over a telecommunications system;

                     (b)  as a result of information conveyed by another party to the communication (in this section referred to as the caller ) and of any other matters, the first-mentioned person forms the honest belief that either of the following emergencies exist:

                              (i)  another person (whether or not the caller) is dying, is being seriously injured or has been seriously injured;

                             (ii)  another person (whether or not the caller) is likely to die or be seriously injured; and

                     (c)  the first-mentioned person does not know the location of the caller;

the first-mentioned person may:

                     (d)  in a case where the first-mentioned person:

                              (i)  is a member of a police force; and

                             (ii)  is of the opinion that tracing the location of the caller is likely to be of assistance in dealing with the emergency;

                            request, or cause another member of a police force to request, an employee of a carrier to intercept, or to cause other employees of the carrier to intercept, the communication for the purposes of tracing the location of the caller; or

                     (e)  in a case where the first-mentioned person is not a member of a police force--inform, or cause another person to inform, a member of a police force of the matters referred to in paragraphs (a), (b) and (c).

             (2)  Where a member of a police force is so informed, the member may, if the member is of the opinion that tracing the location of the caller is likely to be of assistance in dealing with the emergency, request an employee of a carrier to intercept, or to cause other employees of the carrier to intercept, the communication for the purposes of tracing the location of the caller.

             (3)  Where, pursuant to a request made, or purporting to be made, by a member of a police force under subsection (1) or (2), an employee of a carrier intercepts a communication passing over a telecommunications system for the purpose of tracing the location of the caller, the employee shall:

                     (a)  communicate, or cause another employee of the carrier to communicate, the location of the caller to the person who made the request or to any other member of a police force; and

                     (b)  communicate particulars of the interception to the Managing Director of the carrier.

             (4)  As soon as practicable after making to an employee of a carrier a request under, or purporting to be under, subsection (1) or (2), a member of a police force shall give, or cause another member of a police force to give, to the Managing Director of the carrier a written confirmation of the request that sets out the information given by the first-mentioned member to that employee in connection with the request.

   



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