Document ID: chunk:federal_register_of_legislation:C2007A00177:clause:1_63
Version: federal_register_of_legislation:C2007A00177
Segment Type: clause
Provision Reference: sch 1 cl 63
Character Range: 69671–71880

63  Transitional—delivery points

(1) This item applies in relation to a delivery point (the old point) in force, immediately before the commencement of this item, in respect of a carriage service of a carrier or carriage service provider and of an agency under section 314A of the Telecommunications Act 1997.

(2) At the commencement of this item:
 (a) the old point is taken to be a delivery point (the new point) in force under section 188 of the TIA Act in respect of the equivalent kind of telecommunications service of that carrier or carriage service provider and of the equivalent interception agency; and
 (b) if the old point was one determined by the ACMA, section 188 of the TIA Act applies as if the new point was one determined by the ACMA.

Note: Subsections 188(8) to (10) of the TIA Act set out the process for changing delivery points determined by the ACMA.

(3) If:
 (a) before the commencement of this item:
 (i) a notification of a disagreement was made under subsection 314A(2) of the Telecommunications Act 1997; or
 (ii) a nomination was made under paragraph 314A(8)(c) of the Telecommunications Act 1997; or
 (iii) a request was made under paragraph 314A(9)(c) of the Telecommunications Act 1997; and
 (b) immediately before the commencement of this item, the procedures set out in section 314A of that Act for dealing with that disagreement, nomination or request had not ended;
then:
 (c) despite the repeal of that section made by this Act, that section continues to apply after that commencement in relation to that disagreement, nomination or request as if the repeal had not been made; and
 (d) a delivery point (the transitional point) nominated or determined, after that commencement, under that section in respect of a carriage service of a carrier or carriage service provider and of an agency becomes a delivery point (the translated point) under section 188 of the TIA Act in respect of the equivalent kind of telecommunications service of that carrier or provider and of the equivalent interception agency; and
 (e) if the transitional point was one determined by the ACMA, section 188 of the TIA Act applies as if the translated point was one determined by the ACMA.