Commonwealth Consolidated Acts

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TELECOMMUNICATIONS ACT 1997 - SECT 315

Suspension of supply of carriage service in an emergency

  (1)   If a senior officer of a police force or service has reasonable grounds to believe that:

  (a)   an individual has access to a particular carriage service; and

  (b)   the individual has:

  (i)   done an act that has resulted, or is likely to result, in loss of life or in the infliction of serious personal injury; or

  (ii)   made an imminent threat to kill, or seriously injure, another person; or

  (iii)   made an imminent threat to cause serious damage to property; or

  (iv)   made an imminent threat to take the individual's own life; or

  (v)   made an imminent threat to do an act that will, or is likely to, endanger the individual's own life or create a serious threat to the individual's health or safety; and

  (c)   the suspension of the supply of the carriage service is reasonably necessary to:

  (i)   prevent a recurrence of the act mentioned in subparagraph   (b)(i); or

  (ii)   prevent or reduce the likelihood of the carrying out of a threat mentioned in subparagraph   (b)(ii), (iii), (iv) or (v);

the officer may request a carriage service provider to suspend the supply of the carriage service.

  (2)   The carriage service provider may comply with the request.

  (3)   This section does not, by implication, limit any other powers that the provider may have to suspend the supply of the carriage service.

  (3A)   The provider is not liable to an action or other proceeding for damages for or in relation to an act done or omitted in good faith in compliance with the request.

  (3B)   An officer, employee or agent of the provider is not liable to an action or other proceeding for damages for or in relation to an act done or omitted in good faith in connection with an act done or omitted by the provider as mentioned in subsection   (3A).

  (4)   In this section:

"senior officer" , in relation to a police force or service, means a commissioned officer of the force or service who holds a rank not lower than the rank of Assistant Commissioner.


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