Document ID: chunk:federal_register_of_legislation:C2021C00496:clause:1_317zga
Version: federal_register_of_legislation:C2021C00496
Segment Type: clause
Provision Reference: sch 1 cl 317ZGA
Character Range: 148088–150592

317ZGA  Limits on technical capability notices
 (1) If:
 (a) a designated communications provider supplies a particular kind of telecommunications service; and
 (b) the service involves, or will involve, the use of a telecommunications system;
a technical capability notice has no effect to the extent (if any) to which it requires the provider to ensure that the kind of service, or the system:
 (c) has the capability to enable a communication passing over the system to be intercepted in accordance with an interception warrant; or
 (d) has the capability to transmit lawfully intercepted information to the delivery points applicable in respect of that kind of service; or
 (e) has a delivery capability.
Note 1: Part 5‑3 of the Telecommunications (Interception and Access) Act 1979 deals with interception capability.
Note 2: Part 5‑5 of the Telecommunications (Interception and Access) Act 1979 deals with delivery capability.
 (2) For the purposes of subsection (1), ensuring that a kind of service or a system has a particular capability includes ensuring that the capability is developed, installed and maintained.
 (3) A technical capability notice has no effect to the extent (if any) to which it requires a designated communications provider to keep, or cause to be kept:
 (a) information of a kind specified in or under section 187AA of the Telecommunications (Interception and Access) Act 1979; or
 (b) documents containing information of that kind;
relating to any communication carried by means of a service to which Part 5‑1A of the Telecommunications (Interception and Access) Act 1979 applies.
Note: Part 5‑1A of the Telecommunications (Interception and Access) Act 1979 deals with data retention.
 (4) A technical capability notice has no effect to the extent (if any) to which it requires a designated communications provider to keep, or cause to be kept, information that:
 (a) states an address to which a communication was sent on the internet, from a telecommunications device, using an internet access service provided by the provider; and
 (b) was obtained by the provider only as a result of providing the service.
Note: This subsection ensures that a technical capability notice cannot require a designated communications provider to keep information about subscribers' web browsing history.
 (5) An expression used in this section and in Chapter 5 of the Telecommunications (Interception and Access) Act 1979 has the same meaning in this section as it has in that Chapter.