Document ID: chunk:federal_register_of_legislation:C2024C00742:section:314
Version: federal_register_of_legislation:C2024C00742
Segment Type: section
Provision Reference: s 314
Character Range: 533927–535991

314  Terms and conditions on which help is to be given
 (1) This section applies if a person is required to give help to an officer or authority of the Commonwealth, a State or a Territory as mentioned in subsection 313(3), (4), (4A) or (4B).
 (2) The person must comply with the requirement on the basis that the person neither profits from, nor bears the costs of, giving that help.
 (3) The person must comply with the requirement on such terms and conditions as are:
 (a) agreed between the following parties:
 (i) the person;
 (ii) the Commonwealth, the State or the Territory, as the case may be; 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 ACMA is to appoint the arbitrator.
 (4) An arbitrator appointed by the ACMA under subsection (3) must be a person specified in a written determination made by the Minister.
Note: A person may be specified by name, by inclusion in a specified class or in any other way.
 (5) Before making a determination under subsection (4), the Minister must consult the Attorney‑General.
 (6) If an arbitration under this section is conducted by an arbitrator appointed by the ACMA, the cost of the arbitration must be apportioned equally between the parties.
 (7) The regulations may make provision for and in relation to the conduct of an arbitration under this section.
 (8) This section does not apply in relation to the obligation of carriers or carriage service providers under Part 5‑1A, 5‑3 or 5‑5 of the Telecommunications (Interception and Access) Act 1979 (about data retention, interception capability and delivery capability).
Note: Part 5‑6 of the Telecommunications (Interception and Access) Act 1979 contains provisions about the allocation of costs in relation to interception capability and delivery capability.

Division 3—Notification of changes to telecommunications services or telecommunications systems relating to obligation under subsection 313(1A) or (2A)

Subdivision A—Individual notifications