National Emergency Declaration (Consequential Amendments) Act 2020 (129 of 2020)

Schedule 1   Amendments consequential on the enactment of the National Emergency Declaration Act 2020

Telecommunications Act 1997

55   After subsection 313(4)

Insert:

(4A) A carrier or carriage service provider must, in connection with:

(a) the operation by the carrier or provider of telecommunications networks or facilities; or

(b) the supply by the carrier or provider of carriage services;

give officers and authorities of the Commonwealth and of the States and Territories such help as is reasonably necessary for the following purposes:

(c) if a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) is in force - preparing for, responding to or recovering from an emergency to which the declaration relates;

(d) preparing for, responding to or recovering from a disaster or emergency that has been declared to be a disaster or a state of emergency (as the case may be) by or with the approval of a Minister of a State or Territory under the law of the State or Territory;

(e) if a declaration made for the purpose of subsection (4D) is in force - preparing for, responding to or recovering from an emergency to which the declaration relates.

Note: Section 314 deals with the terms and conditions on which such help is to be provided.

(4B) A carriage service intermediary who arranges for the supply by a carriage service provider of carriage services must, in connection with:

(a) the operation by the provider of telecommunications networks or facilities; or

(b) the supply by the provider of carriage services;

give officers and authorities of the Commonwealth and of the States and Territories such help as is reasonably necessary for the following purposes:

(c) if a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) is in force - preparing for, responding to or recovering from an emergency to which the declaration relates;

(d) preparing for, responding to or recovering from a disaster or emergency that has been declared to be a disaster or a state of emergency (as the case may be) by or with the approval of a Minister of a State or Territory under the law of the State or Territory;

(e) if a declaration made for the purpose of subsection (4D) is in force - preparing for, responding to or recovering from an emergency to which the declaration relates.

Note: Section 314 deals with the terms and conditions on which such help is to be provided.

(4C) Subsections (4A) and (4B) do not limit subsection (3) or (4).

(4D) The Minister may, in writing, declare that an emergency exists for the purposes of this subsection.

(4E) The Minister must publish, by electronic or other means, a copy of the declaration made under subsection (4D) as soon as practicable after making the declaration.

(4F) A declaration made under subsection (4D) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.

(4G) In requiring help for the purposes of subsection (4A) or (4B), the officer or authority of the Commonwealth, State or Territory making the requirement must have regard to any guidelines in force under subsection (4H).

(4H) The Minister may, by legislative instrument, formulate guidelines for the purposes of subsection (4G).