Document ID: chunk:federal_register_of_legislation:C2024A00100:clause:5_30ef
Version: federal_register_of_legislation:C2024A00100
Segment Type: clause
Provision Reference: sch 5 cl 30EF
Character Range: 50401–52710

30EF  Minister's direction if use or supply of carriage services prejudicial to security
 (1) If:
 (a) the responsible entity for a critical telecommunications asset proposes to use, or uses, for the entity's own requirements or benefit, or proposes to supply, or supplies, to another person, one or more carriage services; and
 (b) the Minister considers that the proposed use or supply would be, or the use or supply is, as the case may be, prejudicial to security;
the Minister may give the entity 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:
 (a) 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; and
 (b) specify the period within which the entity must comply with the direction (which must be a period that is reasonable in the circumstances).

Direction to be given after adverse security assessment
 (3) The Minister must not give the responsible entity for a critical telecommunications asset a direction under subsection (1) unless an adverse security assessment in respect of the carrier or carriage service provider is given to the Minister in connection with this section.

Copy of direction to be given to ACMA
 (4) The Minister must give the Australian Communications and Media Authority a copy of any direction under subsection (1).

Compliance with direction
 (5) The responsible entity for a critical telecommunications asset must comply with a direction given to the entity under subsection (1).
Civil penalty: 2,000 penalty units.

Liability
 (6) An entity is not liable to an action or other proceeding for damages for or in relation to an act done or omitted in good faith in compliance with a direction under subsection (1).
 (7) An officer, employee or agent of an entity is not liable to an action or other proceeding for damages for or in relation to an act done or omitted in good faith in connection with an act done or omitted by the entity as mentioned in subsection (6).

Interaction with section 32
 (8) This section does not limit section 32 (direction if risk of act or omission that would be prejudicial to security).