Commonwealth Consolidated Acts

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TELECOMMUNICATIONS ACT 1997 - SECT 315A

Direction if use or supply of carriage services prejudicial to security

  (1)   If:

  (a)   a person who is a carrier or carriage service provider proposes to use, or uses, for the person's own requirements or benefit, or proposes to supply, or supplies, to another person, one or more carriage services; and

  (b)   the Home Affairs Minister, after consulting the Prime Minister and the Minister administering this Act, considers that the proposed use or supply would be, or the use or supply is, as the case may be, prejudicial to security;

the Home Affairs Minister may give the carrier or carriage service provider a written direction not to use or supply, or to cease using or supplying, the carriage service or the carriage services.

  (2)   A direction under subsection   (1) must relate to a carriage service generally and cannot be expressed to apply to the supply of a carriage service to a particular person, particular persons or a particular class of persons.

Direction to be given after adverse security assessment

  (3)   The Home Affairs Minister must not give a carrier or carriage service provider a direction under subsection   (1) unless an adverse security assessment in respect of the carrier or carriage service provider is given to the Home Affairs Minister in connection with this section.

Copy of direction to be given to ACMA

  (4)   The Home Affairs Minister must give the ACMA a copy of any direction under subsection   (1).

Compliance with direction

  (5)   A person must comply with a direction given to the person under subsection   (1).

Definitions

  (6)   In this section:

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


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