{"id":"F2024L00896","name":"Telecommunications (Emergency Management Persons and Emergency Laws) Instrument 2024","slug":"telecommunications-emergency-management-persons-and-emergency-laws-instrument-2024","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442497,"registerId":"F2024L00896-fast-fetch-1775957480989","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Telecommunications (Emergency Management Persons and Emergency Laws) Instrument 2024","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n\n\n \n\nLIN 24/014\n\n \n\nTelecommunications (Emergency Management Persons and Emergency Laws) Instrument 2024\n\nI, Murray Watt, Minister for Emergency Management, make this instrument.\n\nDated 15 July 2024\n\nMurray Watt\n\nMinister for Emergency Management\n\n \n\n \n\n \n\nContents\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Specification of emergency management person\n\n5 Specification of emergency law\n\n6 Repeal\n\nSchedule—Emergency Management Person\n\nEmergency management person—specification of offices and positions\n\n \n\n1 Name\n\n This instrument is the Telecommunications (Emergency Management Persons and Emergency Laws) Instrument 2024.\n\n2 Commencement\n\n This instrument commences on the day after the instrument is registered.\n\n3 Authority\n\n This instrument is made under subsections 275B(2) and 275D(2) of the Telecommunications Act 1997.\n\nNote: On 1 September 2022, the Acts Interpretation Amendment Substituted Reference Order 2022 substituted references to the AFP Minister in subsections 275B(2) and 275D(2) of the Telecommunications Act 1997 with the Minister for Emergency Management.\n\n4 Specification of emergency management person\n\n For the purposes of the definition of emergency management person in subsection 275B(1) of the Telecommunications Act 1997, each office or position mentioned in the Schedule to this instrument is specified.\n\n5 Specification of emergency law\n\n For the purposes of the definition of emergency law in subsection 275D(1) of the Telecommunications Act 1997, each of the laws mentioned in the following table is specified.\n\n \n\n| | Jurisdiction | Specified law |\n| --- | --- | --- |\n| 1 | New South Wales | Definition of ‘emergency’ in section 4 of the State Emergency and Rescue Management Act 1989. |\n| 2 | Victoria | Definition of ‘emergency’ in section 3 of the Emergency Management Act 2013. |\n| 3 | Queensland | (a) definition of ‘disaster’ in subsection 13(1) of the Disaster Management Act 2003.
(b) definition of ‘emergency’ in section 4 of the Schedule to the Public Safety Preservation Act 1986. |\n| 4 | Western Australia | Definition of ‘emergency’ in section 3 of the Emergency Management Act 2005. |\n| 5 | South Australia | Definitions of ‘emergency’, ‘identified major incident’, and ‘major emergency’ in section 3 of the Emergency Management Act 2004. |\n| 6 | Tasmania | Definition of ‘emergency’ in section 3 of the Emergency Management Act 2006. |\n| 7 | Australian Capital Territory | Definition of ‘emergency’ in section 4 of the Emergencies Act 2004. |\n| 8 | Northern Territory | Definitions of ‘disaster’ and ‘emergency’ in the Emergency Management Act 2013. |\n\n\n6 Repeal\n\n The Telecommunications (Data for emergency warning systems) Instrument 2020 (F2020L01422) is repealed.\n\n\n\n\nSchedule—Emergency Management Person\n\nEmergency management person—specification of offices and positions\n\n Each office or position mentioned in column 2 of an item in the following table, from the jurisdiction in column 1 of that item, is specified for the purposes of section 4 of this instrument.\n\n \n\n| | Jurisdiction | Office or position (and related legislation in the jurisdiction, where applicable) |\n| --- | --- | --- |\n| 1 | Commonwealth | (a) Commissioner of Police appointed under subsection 17(1) of the Australian Federal Police Act 1979;
(b) the following positions in the National Emergency Management Agency:
(i) Coordinator-General;
(ii) Deputy Coordinator‑General. |\n| 2 | New South Wales (NSW) | (a) Commissioner of the NSW Rural Fire Service as mentioned under subsection 10(1) of the Rural Fires Act 1997;
(b) Commissioner of Fire and Rescue NSW as defined in subsection 3(1) of the Fire and Rescue Act 1989;
(c) Secretary of the NSW Ministry of Health as appointed under section 23 of the Government Sector Employment Act 2013;
(d) Commissioner of the NSW Police Force appointed under section 24 of the Police Act 1990;
(e) Commissioner of the State Emergency Service as mentioned under subsection 9(1) of the State Emergency Service Act 1989;
(f) State Emergency Operations Controller as mentioned under subsection 18(1) of the State Emergency and Rescue Management Act 1989. |\n| 3 | Victoria | (a) the following positions established under the Emergency Management Act 2013:
(i) Emergency Management Commissioner;
(ii) Chief Executive, Emergency Management Victoria;
(iii) Officer in charge of an agency having overall control of response activities in relation to a Class 2 emergency under section 39;
(iv) State Response Controller;
(b) Chief Officer of the Country Fire Authority as appointed under subsection 17(a) of the Country Fire Authority Act 1958;
(c) Chief Fire Officer as required under section 61A of the Forests Act 1958;
(d) Secretary to the Department referenced in section 6 of the Conservation, Forests and Lands Act 1987;
(e) the Fire Rescue Commissioner of Fire Rescue Victoria as mentioned in section 7C of the Fire Rescue Victoria Act 1958;
(f) Chief Commissioner of Police as appointed under section 17 of the Victoria Police Act 2013;
(g) Chief Officer, Operations of the Victoria State Emergency Service as appointed under section 29 of the Victoria State Emergency Service Act 2005. |\n| 4 | Queensland | (a) the following positions mentioned in the Public Safety Preservation Act 1986:
(i) Emergency Commander as mentioned in subsection 5(1);
(ii) CBRE Commander as defined in section 16;
(iii) Terrorist Emergency Commander as appointed under section 8A;
(b) State Disaster Coordination Group—Chairperson;
(c) State Disaster Coordinator appointed under section 21B of the Disaster Management Act 2003;
(d) the following positions in the State Emergency Service:
(i) Assistant Commissioner;
(ii) Chief Officer;
(iii) Director;
(iv) Regional Director;
(e) The following positions in the Queensland Fire and Emergency Services (QFES):
(i) Assistant Commissioner;
(ii) Chief Officer;
(ii) Chief Superintendent;
(iv) Commissioner QFES appointed under section 5 of the Fire and Emergency Services Act 1990;
(v) Deputy Chief Officer;
(vi) Deputy Commissioner;
(vii) Executive Manager, State Operations Centre;
(viii) Superintendent;
(f) Commissioned Officer in the Queensland Police Service who is also:
(i) employed under the Police Service Administration Act 1990; and
(ii) appointed to the Emergency Management and Coordination Command;
(g) the following positions in the State Disaster Coordination Centre:
(i) Commander;
(ii) Deputy Commander. |\n| 5 | Western Australia | (a) Chief Executive Officer of the Department of Biodiversity, Conservation and Attractions;
(b) Chief Executive Officer of the Department of Health;
(c) Fire and Emergency Services Commissioner as defined under section 3 of the Fire and Emergency Services Act 1998;
(d) State Emergency Coordinator as mentioned under section 10 of Emergency Management Act 2005;
(e) Commissioner of Police as appointed under section 5 of the Police Act 1892. |\n| 6 | South Australia | (a) State Co-ordinator as established under section 14 of Emergency Management Act 2004;
(b) Commissioner of Police as appointed under section 12 of the Police Act 1998;
(c) Deputy Commissioner of Police as appointed under subsection 14(1) of the Police Act 1998;
(d) Chief Officer of the South Australian Country Fire Services as established under section 60 of the Fire and Emergency Services Act 2005;
(e) Chief Officer of the South Australian Metropolitan Fire Services as established under section 27 of the Fire and Emergency Services Act 2005;
(f) Chief Officer of South Australian State Emergency Services as established under section 109 of the Fire and Emergency Services Act 2005. |\n| 7 | Tasmania | The following positions appointed under the Emergency Management Act 2006:
(a) State Emergency Management Controller as appointed under subsection 10(1);
(b) Deputy State Emergency Management Controller as appointed under subsection 10(1);
(c) Regional Emergency Management Controller as appointed under subsection 17(1);
(d) Executive Director of the State Emergency Services as appointed under section 27. |\n| 8 | Australian Capital Territory | (a) Chief Police Officer authorised under arrangements in subsection 8(1A) of the Australian Federal Police Act 1979 and defined in the Dictionary of the Legislation Act 2001;
(b) Deputy Emergency Controller as appointed under section 105CA for the purposes of Division 7.3.1A of the Emergencies Act 2004;
(c) Emergency Controller as appointed under section 105A for the purposes of Division 7.3.1A of the Emergencies Act 2004;
(d) ACT Emergency Services Commissioner as appointed under section 7 of the Emergencies Act 2004;
(e) Recovery Coordinator as appointed under section 174B for purposes of Division 7.3.3 of the Emergencies Act 2004. |\n| 9 | Northern Territory | (a) Commissioner of Police as appointed under section 7 of the Police Administration Act 1978;
(b) Director of the Northern Territory Emergency Service as appointed under section 48 of the Emergency Management Act 2013;
(c) Regional Controller as appointed under section 54 of the Emergency Management Act 2013;
(d) Territory Emergency Controller as mentioned under section 28 of the Emergency Management Act 2013. |\n\n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The instrument continues the existing mechanism of specifying which officials qualify as emergency management persons and which statutory definitions constitute emergency law for the Telecommunications Act (s4–s5). It repeals the prior 2020 instrument (s6) but does not itself alter the underlying telecommunications emergency powers or add new substantive authorities; it primarily updates/republishes the lists under the Minister’s specification power (s3)."},"complexity_factors":["Cross‑jurisdictional references: the instrument ties Commonwealth operation to eight separate state and territory statutory definitions of ‘emergency’ (s5), increasing interpretive complexity when different jurisdictions use different terms (‘emergency’, ‘disaster’, etc.).","Long, detailed schedule of offices/positions: the Schedule specifies many named offices and positions across jurisdictions (s4 and Schedule), so organisations must map requests to many roles to determine entitlement.","Dependency on external instruments/Acts: the specification relies on appointments and definitions in multiple external Acts (e.g. Police Acts, Emergency Management Acts cited in the Schedule), requiring reference checks in each jurisdiction to confirm authority and incumbency (s3, s4, s5).","Administrative/compliance burden on carriers: telecommunications providers must verify that a person making a request is one of the specified offices/positions and that an applicable ‘emergency law’ exists, creating transaction and record‑keeping costs (s4, s5).","Ministerial specification power: the instrument is made under subsections 275B(2) and 275D(2) of the Telecommunications Act 1997 (s3), concentrating specification power in the Minister and leaving limited administrative discretion for how providers should authenticate persons and triggers.","Operational change from repeal: it repeals the 2020 instrument (s6), so implementing agencies and carriers must update procedures and communications to reflect the new list and any nomenclature changes."],"plain_english_summary":"Mechanically, this instrument names which officials count as “emergency management persons” and which state and territory statutory definitions of “emergency” count as “emergency law” for the Telecommunications Act, and it repeals a 2020 instrument. It affects telecommunications providers (who may need to verify and respond to requests) and the listed emergency agencies; the Minister for Emergency Management decides the specifications and the lists determine when telecoms must comply with emergency‑related powers."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument performs exactly the function contemplated by sections 275B and 275D of the Telecommunications Act 1997 — specifying emergency management persons and emergency laws. It updates the 2020 list to reflect current organisational structures (notably adding National Emergency Management Agency positions and updating various state titles), but does not expand beyond the original legislative purpose of designating who can direct telecommunications providers during emergencies."},"complexity_factors":["Straightforward tabular structure with two main operative sections (sections 4 and 5)","No conditional logic, exceptions, or nested definitions within the instrument itself","Heavy reliance on external references — the Schedule cites approximately 40+ positions across 9 jurisdictions, each referencing separate state/territory legislation","No interpretation section or defined terms within the instrument; definitions are imported entirely from the parent Telecommunications Act 1997 and various state/territory statutes","Simple repeal of single preceding instrument (section 6)","Mechanical 'name and specify' function — the instrument does not create substantive rights or obligations itself, merely designates persons and laws already contemplated by the parent Act"],"plain_english_summary":"This law names which senior emergency officials can order telcos to send public warnings or share data during declared state, territory or federal emergencies, replacing a 2020 rule. \n\nIt directly binds telecommunications companies to comply, formalises emergency managers’ authority, and speeds delivery of critical alerts to the public so officials can communicate immediately during disasters."}},"importantCases":[],"_links":{"self":"/api/acts/telecommunications-emergency-management-persons-and-emergency-laws-instrument-2024","history":"/api/acts/telecommunications-emergency-management-persons-and-emergency-laws-instrument-2024/history","analysis":"/api/acts/telecommunications-emergency-management-persons-and-emergency-laws-instrument-2024/analysis","conflicts":"/api/acts/telecommunications-emergency-management-persons-and-emergency-laws-instrument-2024/conflicts","importantCases":"/api/acts/telecommunications-emergency-management-persons-and-emergency-laws-instrument-2024/important-cases","documents":"/api/acts/telecommunications-emergency-management-persons-and-emergency-laws-instrument-2024/documents"}}