Document ID: chunk:federal_register_of_legislation:C2018C00385:clause:1_314b:p1
Version: federal_register_of_legislation:C2018C00385
Segment Type: clause
Provision Reference: sch 1 cl 314B (pt 1/2)
Character Range: 14925–17882

314B  Assessment of proposed change

Further information
 (1) If:
 (a) under subsection 314A(3), a carrier or a nominated carriage service provider notifies the Communications Access Co‑ordinator of a proposed change; and
 (b) the Co‑ordinator considers that further information, in relation to the 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 30 days of the notification of the proposed change to the Communications Access Co‑ordinator.

Assessment of proposed change
 (3) If:
 (a) the Communications Access Co‑ordinator considers a proposed change notified under subsection 314A(3) (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 proposed change notified under subsection 314A(3) (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 notified to the Communications Access Co‑ordinator under subsection 314A(3), a notice must be given to the carrier or provider:
 (a) within 30 days of the notification; 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 30 days after the carrier or provider gave that further information.
The notice must be a notice under subsection (3) or (5).

Definitions
 (7) In this section:
security has the same meaning as in the Australian