Commonwealth Consolidated Acts

TELECOMMUNICATIONS ACT 1997 - SECT 314D

Further information

  (1)   If:

  (a)   a carrier or a nominated carriage service provider gives the Communications Access Co - ordinator a security capability plan setting out one or more proposed changes mentioned in subsection   314C(2); and

  (b)   the Co - ordinator considers that further information, in relation to a particular proposed change, is required for the Co - ordinator to assess whether there is a risk of unauthorised interference with, or unauthorised access to, telecommunications networks or facilities that would be prejudicial to security;

the Co - ordinator may, by notice in writing given to the carrier or provider, set out the further information the Co - ordinator requires.

  (2)   A notice under subsection   (1) must be given to the carrier or provider within 60 days of the plan being given to the Communications Access Co - ordinator.

Assessment of proposed change

  (3)   If:

  (a)   the Communications Access Co - ordinator considers a particular proposed change mentioned in subsection   314C(2) that is set out in a security capability plan (including a proposed change where further information is provided as mentioned in this section); and

  (b)   in relation to the proposed change, the Co - ordinator is satisfied that there is a risk of unauthorised interference with, or unauthorised access to, telecommunications networks or facilities that would be prejudicial to security;

the Co - ordinator must give a written notice to the carrier or provider:

  (c)   advising the carrier or provider of that risk; and

  (d)   setting out the duty imposed by subsection   313(1A) or (2A); and

  (e)   setting out the consequences for the carrier or provider for not complying with that duty.

  (4)   A notice under subsection   (3) may also set out the measures the Communications Access Co - ordinator considers the carrier or provider could adopt to eliminate or reduce the risk referred to in subsection   (3).

  (5)   If:

  (a)   the Communications Access Co - ordinator considers a particular proposed change mentioned in subsection   314C(2) that is set out in a security capability plan (including a proposed change where further information is provided as mentioned in this section); and

  (b)   in relation to the proposed change, the Co - ordinator is satisfied that there is not a risk of unauthorised interference with, or unauthorised access to, telecommunications networks or facilities that would be prejudicial to security;

the Co - ordinator must give a written notice to the carrier or provider to that effect.

  (6)   In response to a proposed change mentioned in subsection   314C(2) that is set out in a security capability plan, a notice must be given to the carrier or provider:

  (a)   within 60 days of the plan being given to the Communications Access Co - ordinator; or

  (b)   if under subsection   (1) the Communications Access Co - ordinator sought further information from the carrier or provider--as soon as practicable and no later than 60 days after the carrier or provider gave that further information.

The notice must be a notice under subsection   (3) or (5) and may relate to one or more such changes.

Definitions

  (7)   In this section:

"security" has the same meaning as in the Australian Security Intelligence Organisation Act 1979 .