Document ID: chunk:federal_register_of_legislation:C2024C00742:section:278
Version: federal_register_of_legislation:C2024C00742
Segment Type: section
Provision Reference: s 278
Character Range: 423181–425008

278  Primary disclosure/use offence—emergency call persons

Current emergency call persons
 (1) An emergency call person must not disclose or use any information or document that:
 (a) relates to:
 (i) the contents or substance of a communication that has been carried by a carrier or carriage service provider; or
 (ii) the contents or substance of a communication that is being carried by a carrier or carriage service provider; or
 (iii) the affairs or personal particulars (including any unlisted telephone number or any address) of another person; and
 (b) 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
 (2) A person who has been an emergency call person must not disclose or use any information or document that:
 (a) relates to a matter mentioned in paragraph (1)(a); and
 (b) came to the person's knowledge, or into the person's possession, in connection with the operation of an emergency call service.

Offence
 (3) A person who contravenes this section commits an offence punishable on conviction by imprisonment for a term not exceeding 2 years.
Note 1: 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.
Note 2: See also sections 4AA and 4B of the Crimes Act 1914.

Scope of subsection (1)—carriage by means of electromagnetic energy
 (4) 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.

Division 3—Exceptions to primary disclosure/use offences

Subdivision A—Exceptions