Primary disclosure/use offence—emergency call persons
278 Primary disclosure/use offence—emergency call persons
Current emergency call persons
An emergency call person must not disclose or use any information or document that:
relates to:
the contents or substance of a communication that has been carried by a carrier or carriage service provider; or
the contents or substance of a communication that is being carried by a carrier or carriage service provider; or
the affairs or personal particulars (including any unlisted telephone number or any address) of another person; and
comes to the person’s knowledge, or into the person’s possession, in connection with the operation of an emergency call service.
Former emergency call persons
A person who has been an emergency call person must not disclose or use any information or document that:
relates to a matter mentioned in paragraph (1)(a); and
came to the person’s knowledge, or into the person’s possession, in connection with the operation of an emergency call service.
Offence
A person who contravenes this section commits an offence punishable on conviction by imprisonment for a term not exceeding 2 years.
This section is subject to the exceptions in Division 3 of this Part and in Chapter 4 of the Telecommunications (Interception and Access) Act 1979.
See also sections 4AA and 4B of the Crimes Act 1914.
Scope of subsection (1)—carriage by means of electromagnetic energy
Subparagraphs (1)(a)(i) and (ii) do not apply to a communication that is or has been carried by a carrier or carriage service provider unless the carriage was by means of, is by means of, or is proposed to be delivered by means of, guided and/or unguided electromagnetic energy.
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