Document ID: chunk:federal_register_of_legislation:C2004A04991:body:0:p12
Version: federal_register_of_legislation:C2004A04991
Segment Type: other
Provision Reference: 
Character Range: 28619–31523

a financial year beginning after the commencement of this item.

PART 6—AUTHORITY OF EMPLOYEES OF CARRIERS TO INTERCEPT COMMUNICATIONS

40. Paragraph 7(2)(a):

Omit the paragraph, substitute:

    "(a) an act or thing done by an employee of a carrier in the course of his or her duties for or in connection with:

       (i) the installation of any line, or the installation of any equipment, used or intended for use in connection with a telecommunications service; or

(ii) the operation or maintenance of a telecommunications system; or

       (iii) the identifying or tracing of any person who has contravened, or is suspected of having contravened or being likely to contravene, a provision of Part VIIB of the Crimes Act 1914;

     where it is reasonably necessary for the employee to do that act or thing in order to perform those duties effectively;".

41. Paragraph 7(2)(aa):

After "line" insert ", where it is reasonably necessary for the person to intercept the communication in order to perform those duties effectively".

SCHEDULE 1—continued

42. After subsection 7(2):

Insert:

"(2A) For the purposes of paragraphs (2)(a) and (aa), in determining whether an act or thing done by a person was reasonably necessary in order for the person to perform his or her duties effectively, a court is to have regard to such matters (if any) as are specified in, or ascertained in accordance with, the regulations.".

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SCHEDULE 2

AMENDMENT OF THE TELECOMMUNICATIONS ACT 1991

1. Paragraph 62(f):

Omit "74", substitute "73A, 74".

2. After section 73:

Insert:

Interception capability

When section applies

"73A.(1) This section applies to the holder of a general telecommunications licence or a public mobile licence.

Licence condition

"(2) It is a condition of the licence that the holder must comply with subsection (4).

Minister may require interception capability

''(3) The Minister may give the holder a written notice requiring that a telecommunications system operated, or proposed to be operated, by the holder have a specified kind of interception capability.

Note: 'Interception capability' is defined by subsection (8).

Interception capability to be provided

"(4) If a requirement is in force, the holder must provide the interception capability in accordance with the requirement and on such terms and conditions as are:

(a) agreed between the following parties:

(i) the holder;

(ii) the agency or agencies specified by the Minister in the notice; or

(b) failing agreement, determined by an arbitrator appointed by the parties.

If the parties fail to agree on the appointment of an arbitrator, the arbitrator is to be appointed by AUSTEL.

Terms and conditions—compliance with principles

"(5) The terms and conditions on which the holder is to provide an interception capability are to comply with the following principles:

    (a) the principle that