Document ID: chunk:federal_register_of_legislation:C2018C00385:clause:1_314d:p1
Version: federal_register_of_legislation:C2018C00385
Segment Type: clause
Provision Reference: sch 1 cl 314D (pt 1/2)
Character Range: 19681–22619

314D  Assessment of security capability plan

Further information
 (1) If:
 (a) a carrier or a nominated carriage service provider gives the Communications Access Co‑ordinator a security capability plan setting out one or more proposed changes mentioned in subsection 314C(2); and
 (b) the Co‑ordinator considers that further information, in relation to a particular 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 60 days of the plan being given to the Communications Access Co‑ordinator.

Assessment of proposed change
 (3) If:
 (a) the Communications Access Co‑ordinator considers a particular proposed change mentioned in subsection 314C(2) that is set out in a security capability plan (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 particular proposed change mentioned in subsection 314C(2) that is set out in a security capability plan (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 mentioned in subsection 314C(2) that is set out in a security capability plan, a notice must be given to the carrier or provider:
 (a) within 60 days of the plan being given to the Communications Access Co‑ordinator; or
 (b) if under subsection (1) the Communications Access Co‑ordinator sought further information from the carrier or provider—as soon as practicable and