Telecommunications Amendment (Integrated Public Number Database) Act 2009
An Act to amend the Telecommunications Act 1997, and for related purposes
1 Short title
telecommunications-amendment-integrated-public-number-database-act-2009.pdf, p.5
2 Telecommunications Amendment (Integrated Public Number Database) Act 2009 No.
Telecommunications Amendment (Integrated Public Number Database) Act 2009 No.
telecommunications-amendment-integrated-public-number-database-act-2009.pdf, p.6
2 Commencement
Commences on day after receiving Royal Assent.
3 Schedule(s)
Amendments to Acts specified in a Schedule
1 At the end of Division 1 of Part 13
telecommunications-amendment-integrated-public-number-database-act-2009.pdf, p.7
275B Emergency management person
275B(1) Emergency management person
275B(2) Emergency management person
Specify offices and/or positions for emergency management person definition
Temporal relation between instrument specification and definition
specifies emergency management person definition
275B(3) Emergency management person
Office or position may be specified under subsection (2)
275B(4) Emergency management person
Clarifies subsection (3) does not limit subsection (2)
275B(5) Emergency management person
Consultation requirement before making an instrument under subsection (2)
(5) Before making an instrument under subsection (2), the Minister administering the Administrative Decisions (Judicial Review) Act 1977 must consult the Minister administering this Act.
Definition of administrative decision-making process
275C Emergency
Defines 'emergency' within the meaning of an emergency law.
emergency means an emergency or disaster (however described)
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275D Emergency law
275D(1) Emergency law
275D(2) Emergency law
Specify a law for the purposes of emergency law definition
275E Relevant information
Defines relevant information for section 285A.
Applies to the definition of relevant information.
Section 275E defines relevant information.
Relevant information is defined by section 275E.
Includes temporal intervals related to the definition of relevant information.
Temporal intervals related to relevant information are included in section 275E.
Implies that the definition of relevant information has implications for other sections.
The definition of relevant information implies implications for other sections.
Related to the dissemination of relevant information.
Relevant information is related to its dissemination.
Applies to artificial intelligence systems using the definition of relevant information.
Artificial intelligence systems apply to relevant information defined by section 275E.
2 After section 285
285A Data for emergency warnings
285A(1) Data for emergency warnings
Disclosure of information or document under certain conditions.
Permission to disclose information or document.
(1) Sections 276 and 277 do not prohibit a disclosure by a person...
285A(1A) Data for emergency warnings
Permits disclosures under an arrangement between the discloser and the emergency management person.
285A(1B) Data for emergency warnings
Notice given as mentioned in paragraph (1)(c) is not a legislative instrument.
285A(2) Data for emergency warnings
Definition of integrated public number database
3 After Division 3A of Part 13
Insert clause after Division 3A of Part 13
telecommunications-amendment-integrated-public-number-database-act-2009.pdf, p.9
295V Use or disclosure of information by emergency management
295V(1) Use or disclosure of information by emergency management
Use or disclosure of information by emergency management for a purpose connected with persons being alerted to a likely emergency.
Permission to use or disclose information for a specific purpose.
Emergency management person believes on reasonable grounds that an emergency is likely to occur.
Person may use or disclose relevant information.
Use or disclosure occurs during an emergency.
Use or disclosure occurs during the time of the emergency.
Use or disclosure ends when the emergency ends.
Use or disclosure ends at the end of the emergency.
Information is used or disclosed through communication with persons being alerted.
Information is used or disclosed through communication with those who need to know.
Use or disclosure is for the purpose of alerting persons.
Use or disclosure is for the purpose of warning those who need to know.
295V(2) Use or disclosure of information by emergency management
Use or disclose relevant information for a purpose connected with persons being alerted to an emergency.
Use relevant information for a purpose connected with persons being alerted to an emergency.
295V(3) Use or disclosure of information by emergency management
Use or disclosure of information for reasonable testing
Emergency management person may use or disclose relevant information
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Disclosure of information for emergency management purposes.
telecommunications-amendment-integrated-public-number-database-act-2009.pdf, p.10
295W Use or disclosure of information by other persons
295W(1) Use or disclosure of information by other persons
Use or disclosure of information for a purpose connected with persons being alerted to the emergency or likely emergency concerned.
295W(2) Use or disclosure of information by other persons
Permitted use of information for testing in emergency situations.
295W(3) Use or disclosure of information by other persons
Use or disclosure of information for a purpose connected with persons being alerted to an emergency or a likely emergency.
295X Effect on telecommunications network
Must take reasonable steps to ensure no adverse effect on telecommunications network.
295Y Coronial and other inquiries
Disclosure of relevant information to specified inquiries.
Obligation to disclose relevant information.
295Z Offence—use or disclosure of information by emergency
Using or disclosing relevant information without permission under section 295V is prohibited.
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Prohibition of using or disclosing relevant information.
295ZA Offence—use or disclosure of information by other persons
295ZA(1) Offence—use or disclosure of information by other persons
Disclosing or using information without permission is an offence.
Prohibition of disclosing or using information without permission.
(1) A person commits an offence if: (a) information is disclosed to the person as permitted by subsection 295V(1) or (2) or 295W(1); and (b) the person uses or discloses the information; and (c) the use or disclosure referred to in paragraph (b) of this subsection is not for a purpose connected with persons being alerted to the emergency or likely emergency concerned.
295ZA(2) Offence—use or disclosure of information by other persons
Disclosing information to others without permission is an offence.
295ZA(3) Offence—use or disclosure of information by other persons
Use or disclosure of information by other persons is prohibited.
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Disclosing information without permission is prohibited.
telecommunications-amendment-integrated-public-number-database-act-2009.pdf, p.12
Information is disclosed to the person as permitted by subsection 295V(4) or 295W(3); and
The use or disclosure referred to in paragraph (b) of this subsection is not for a purpose connected with persons being alerted to an emergency or a likely emergency.
Defines a temporal interval for the prohibition.
The provision specifies a penalty of imprisonment for 2 years.
The prohibition applies to a specific time period.
Defines a recurring trace for the prohibition.
The provision specifies conditions under which disclosure is permitted.
The prohibition applies to cases where disclosure is not permitted.
Represents knowledge about the prohibition in a formal way.
The prohibition can be represented using knowledge representation techniques.
Validates the provision against a set of rules.
The provision can be validated against a set of rules.
295ZB Reports of access
295ZB(1) Reports of access
Must provide written report to Minister and ACMA with certain information after disclosure.
295ZB(2) Reports of access
Must provide report to Minister and ACMA upon last disclosure.
295ZC Annual reports to the ACMA and Privacy Commissioner
Annual report to ACMA and Privacy Commissioner within 2 months after end of financial year for disclosure of relevant information.
295ZD Arrangements with States and Territories
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295ZD(1) Arrangements with States and Territories
Minister may make arrangements with State or Territory Minister regarding emergency management functions.
295ZD(2) Arrangements with States and Territories
An instrument for making an arrangement under this section is not a legislative instrument.
Prohibition on using an arrangement as a legislative instrument.
295ZE Commonwealth immunity
No action can be taken against the Commonwealth in relation to loss, damage or injury resulting from the use or disclosure of relevant information for specific purposes.
4 Subparagraph 306(1)(b)(i)
10 Telecommunications Amendment (Integrated Public Number Database) Act 2009
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5 After section 291
291A Location dependent carriage services
291A(1) Location dependent carriage services
Disclosure of information or document for a carrier or carriage service provider is permitted.
Classifies the provision as granting permission.
291A(2) Location dependent carriage services
Disclosure or use of information is permitted for a specific purpose.
Temporal interval applies to the disclosure or use.
291A(3) Location dependent carriage services
Part 4 of Schedule 2 or section 472 person
6 After section 302
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302A Location dependent carriage services
302A(1) Location dependent carriage services
Disclosing or using information or documents without permission is prohibited.
Section 291A deals with the disclosure or use of information or documents for the purposes of the supply, or proposed supply, by a person of a location dependent carriage service.
A person must not disclose or use the information or document except for the purpose of, or in connection with, the supply, or proposed supply, by a person of a location dependent carriage service.
Temporal restriction on disclosure or use.
The information or document is disclosed to a person as permitted by section 291A or this subsection.
Obligation to disclose or use information or documents for permissible purposes.
If information or a document is disclosed to a person as permitted by section 291A or this subsection,
Permission to disclose or use information or documents for permissible purposes.
302A(2) Location dependent carriage services
Defines location dependent carriage service
7 Subparagraph 306(1)(b)(i)
Omit 'or 291', substitute ', 291 or 291A'
12 Telecommunications Amendment (Integrated Public Number Database) Act 2009
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