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Telecommunications Interception and Intelligence Services Legislation Amendment Bill 2011

Schedule 2 Requirement to inform of proposed changes

   

Telecommunications (Interception and Access) Act 1979

1  Subsection 5(1)

Insert:

carriage service provider has the meaning given by the Telecommunications Act 1997 .

2  Subsection 5(1) (definition of carrier )

Repeal the definition, substitute:

carrier means:

                     (a)  except in Parts 5-4 and 5-4A:

                              (i)  a carrier (within the meaning of the Telecommunications Act 1997 ); or

                             (ii)  a carriage service provider; and

                     (b)  in Parts 5-4 and 5-4A—a carrier (within the meaning of the Telecommunications Act 1997 ).

3  Subsection 5(1)

Insert:

nominated carriage service provider means a carriage service provider covered by a declaration in force under subsection 197(4).

4  Subsection 5(1)

Insert:

notifiable equipment , in relation to a carrier or nominated carriage service provider, means equipment that:

                     (a)  provides all or part of the carrier or provider’s telecommunication services; or

                     (b)  manages all or part of the provision of the carrier or provider’s telecommunication services; or

                     (c)  manages some or all of the information to which section 276 of the Telecommunications Act 1997 applies in relation to the carrier or provider.

5  Chapter 5 (heading)

Repeal the heading, substitute:

Chapter 5 Co-operation with agencies

6  Section 194

Repeal the section.

7  Subsection 197(4)

After “Part”, insert “and Part 5-4A”.

8  After Part 5-4

Insert:

Part 5-4A Requirement arising from proposed changes

   

202A   Purpose of Part

                   The purpose of this Part is:

                     (a)  to require carriers and nominated carriage service providers to give notice of the particulars of any change that is proposed in relation to a telecommunications service or a telecommunications system, whose implementation may affect the capacity of the carrier or provider to comply with its obligations under:

                              (i)  this Act; or

                             (ii)  section 313 of the Telecommunications Act 1997 ; and

                     (b)  to allow the Communications Access Co-ordinator to notify agencies of such proposed changes.

202B   Carrier or provider to notify of proposed change

             (1)  This section applies if, at any time, a carrier or a nominated carriage service provider becomes aware that the implementation by the carrier or provider of a change that is proposed to a telecommunications service or a telecommunications system is likely to have a material adverse effect on the capacity of the carrier or provider to comply with its obligations under:

                     (a)  this Act; or

                     (b)  section 313 of the Telecommunications Act 1997 .

             (2)  A change to a telecommunications service or a telecommunications system includes (but is not limited to) the following:

                     (a)  the carrier or carriage service provider providing one or more new telecommunication services;

                     (b)  the carrier or carriage service provider changing the location of notifiable equipment (including moving equipment outside Australia);

                     (c)  the carrier or carriage service provider procuring notifiable equipment (including procuring equipment that is located outside Australia);

                     (d)  the carrier or carriage service provider entering into outsourcing arrangements:

                              (i)  to have all or part of the telecommunication services provided for the carrier or provider; or

                             (ii)  to have all or part of the provision of telecommunication services managed for the carrier or provider; or

                            (iii)  to have all or some information to which section 276 of the Telecommunications Act 1997 applies in relation to the carrier or provider, managed for the carrier or provider;

                     (e)  the carrier or carriage service provider entering into arrangements to have all or some information to which section 276 of the Telecommunications Act 1997 applies in relation to the carrier or provider accessed by persons outside Australia.

             (3)  The carrier or provider must notify the Communications Access Co-ordinator, in writing, of its intention to implement the proposed change.

             (4) A notification provided under subsection (3) must include a description of the proposed change.

             (5)  After notifying the Communications Access Co-ordinator of a proposed change, the carrier or provider may implement the change if the carrier or provider has not been notified in writing by the Co-ordinator within 30 days after the day the carrier or provider notifies the Co-ordinator.

             (6)  If:

                     (a)  the Communications Access Co-ordinator notifies the carrier or provider in writing within 30 days after the day the carrier or provider notifies the Co-ordinator; and

                     (b)  within 30 days after the Co-ordinator so notifies the carrier or provider, the Co-ordinator makes a determination under section 203 that applies to the carrier or provider;

the carrier or provider must not implement the proposed change until the carrier or provider has complied with the determination.

             (7)  To avoid doubt, subsection (6) does not prevent the Communications Access Co-ordinator from making a determination under section 203, that applies to the carrier or provider, more than 30 days after the Co-ordinator first notifies the carrier or provider in writing as mentioned in paragraph (6)(a).

202C   Communications Access Co-ordinator may notify agencies

             (1)  After the Communications Access Co-ordinator has been notified by a carrier or nominated carriage service provider of an intention to implement a proposed change, the Co-ordinator may notify agencies that are likely to be interested of the proposed change.

             (2)  On receiving notification from a carrier or provider of an intention to implement a proposed change, the Communications Access Co-ordinator, and each agency that receives notification of the proposed change, must treat the proposed change as confidential.

9  Application of this Schedule

The amendments made by this Schedule apply in relation to changes that are proposed, after this Schedule commences, to telecommunications services or telecommunications systems.