Commonwealth Consolidated Acts

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TELECOMMUNICATIONS ACT 1997 - SECT 315C

Home Affairs Secretary may obtain information and documents from carriers and carriage service providers

  (1)   This section applies to a carrier, carriage service provider or carriage service intermediary if the Home Affairs Secretary has reason to believe that the carrier, provider or intermediary has information or a document that is relevant to assessing compliance with the duty imposed by subsection   313(1A) or (2A).

  (2)   The Home Affairs Secretary may, by written notice given to the carrier, provider or intermediary, require the carrier, provider or intermediary:

  (a)   to give to that Secretary, within the period and in the manner and form specified in the notice, any such information; or

  (b)   to produce to that Secretary, within the period and in the manner specified in the notice, any such documents; or

  (c)   to make copies of any such documents and to produce to that Secretary, within the period and in the manner specified in the notice, those copies.

  (3)   The carrier, provider or intermediary must comply with a requirement under subsection   (2).

Matters to which regard must be had before giving notice

  (4)   Before giving a carrier, carriage service provider or carriage service intermediary a notice under subsection   (2), the Home Affairs Secretary must have regard to the costs, in complying with any requirement in the notice, that would be likely to be incurred by the carrier, provider or intermediary.

  (5)   Subsection   (4) does not limit the matters to which regard may be had.

Content of notice

  (6)   A notice given to a carrier under this section must set out the effect of the following provisions:

  (a)   subsection   (3);

  (b)   section   68;

  (c)   section   570;

  (d)   Part   1 of Schedule   1;

  (e)   sections   137.1 and 137.2 of the Criminal Code (false or misleading information or documents).

  (7)   A notice given to a carriage service provider or carriage service intermediary under this section must set out the effect of the following provisions:

  (a)   subsection   (3);

  (b)   section   101;

  (c)   section   570;

  (d)   Part   1 of Schedule   2;

  (e)   sections   137.1 and 137.2 of the Criminal Code (false or misleading information or documents).

Copying documents--reasonable compensation

  (8)   A carrier, carriage service provider or carriage service intermediary is entitled to be paid by the Commonwealth reasonable compensation for complying with a requirement covered by paragraph   (2)(c).


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