Commonwealth Consolidated Acts

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TELECOMMUNICATIONS ACT 1997 - SECT 311

Simplified outline

    The following is a simplified outline of this Part:

  The ACMA, carriers and carriage service providers must do their best to prevent telecommunications networks and facilities from being used to commit offences.

  Carriers and carriage service providers have a duty to do their best to protect telecommunications networks and facilities from unauthorised interference, or unauthorised access, for the purposes of security. Carriers and certain carriage service providers must notify changes to telecommunications services or telecommunications systems that are likely to have a material adverse effect on their capacity to comply with this duty.

  The ACMA, carriers and carriage service providers must give the authorities such help as is reasonably necessary for the purposes of:

  (a)   enforcing the criminal law and laws imposing pecuniary penalties; and

  (b)   protecting the public revenue; and

  (c)   safeguarding national security.

  A carriage service provider may suspend the supply of a carriage service in an emergency if requested to do so by a senior police officer.

  The Home Affairs Minister may give directions to a carrier or a carriage service provider in certain circumstances where certain activities may be prejudicial to security.

  The Home Affairs Secretary may obtain information from carriers, carriage service providers and carriage service intermediaries if the information is relevant to assessing compliance with the duty of those persons to protect telecommunications networks and facilities from unauthorised interference or unauthorised access.



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