Document ID: chunk:federal_register_of_legislation:C2018C00385:clause:1_8
Version: federal_register_of_legislation:C2018C00385
Segment Type: clause
Provision Reference: sch 1 cl 8
Character Range: 7428–9047

8  After subsection 313(1)
Insert:
 (1A) For the purposes of security (within the meaning of the Australian Security Intelligence Organisation Act 1979), a carrier or carriage service provider must, in connection with:
 (a) the operation by the carrier or provider of telecommunications networks or facilities; or
 (b) the supply by the carrier or provider of carriage services;
do the carrier's best or the provider's best to protect telecommunications networks and facilities owned, operated or used by the carrier or provider from unauthorised interference or unauthorised access to ensure:
 (c) the confidentiality of communications carried on, and of information contained on, telecommunications networks or facilities; and
 (d) the availability and integrity of telecommunications networks and facilities.
Note 1: Security, among other things, covers the protection of, and of the people of, the Commonwealth and the States and Territories from espionage, sabotage, attacks on Australia's defence system and acts of foreign interference.
Note 2: A person who uses a carriage service to supply various kinds of broadcasting services is not a carriage service provider merely because of that use (and therefore not subject to the duty imposed by this subsection): see subsections 87(1) and (2) and 93(1) and (2).
 (1B) Without limiting subsection (1A), the duty imposed by that subsection includes the requirement for the carrier or carriage service provider to maintain competent supervision of, and effective control over, telecommunications networks and facilities owned or operated by the carrier or provider.