Document ID: chunk:federal_register_of_legislation:C2024C00749:section:188:p2
Version: federal_register_of_legislation:C2024C00749
Segment Type: section
Provision Reference: s 188 (pt 2/2)
Character Range: 692989–695256

that delivery point; and
 (c) the reasonable needs of the interception agency; and
 (d) the reasonable commercial requirements of the carrier; and
 (e) the location of any delivery points already existing in relation to that interception agency or other interception agencies.
 (7) It is not a requirement that a place where an interception takes place is the place nominated as the location of a delivery point if, in accordance with the criteria set out in subsection (6), another more suitable location exists.

Changing delivery points
 (8) If:
 (a) the location of a delivery point has been determined by the ACMA in respect of a particular kind of telecommunications service and of an interception agency; and
 (b) as a result of a material change in the circumstances of the carrier concerned, the location of that point becomes unsuitable;
the carrier:
 (c) may nominate another place as the location of that delivery point in respect of that kind of telecommunications service and of that interception agency; and
 (d) must inform a Communications Access Coordinator of the place so nominated.
Note: The nominated location becomes a delivery point: see the definition of delivery point in subsection 5(1).
 (9) If:
 (a) the location of a delivery point has been determined by the ACMA in respect of a particular kind of telecommunications service and of an interception agency; and
 (b) as a result of a material change in the circumstances of the interception agency, the location of that point becomes unsuitable; and
 (c) the interception agency, either directly or through a Communications Access Coordinator, requests the carrier to nominate another place as the location of that delivery point;
the carrier must:
 (d) nominate another place as the location of that delivery point in respect of that kind of telecommunications service and of that interception agency; and
 (e) inform a Communications Access Coordinator of the place nominated.
Note: The nominated location becomes a delivery point: see the definition of delivery point in subsection 5(1).
 (10) Subsections (2) to (7) apply in relation to a nomination under subsection (8) or (9) as if it were a nomination under subsection (1).

Part 5‑3—Interception capability

Division 1—Obligations