Document ID: chunk:federal_register_of_legislation:C2015A00039:clause:1_187a:p1
Version: federal_register_of_legislation:C2015A00039
Segment Type: clause
Provision Reference: sch 1 cl 187A (pt 1/3)
Character Range: 3685–6365

187A  Service providers must keep certain information and documents
 (1) A person (a service provider) who operates a service to which this Part applies (a relevant service) must keep, or cause to be kept, in accordance with section 187BA and for the period specified in section 187C:
 (a) information of a kind specified in or under section 187AA; or
 (b) documents containing information of that kind;
relating to any communication carried by means of the service.
Note 1: Subsection (3) sets out the services to which this Part applies.
Note 2: Section 187B removes some service providers from the scope of this obligation, either completely or in relation to some services they operate.
Note 3: Division 3 provides for exemptions from a service provider's obligations under this Part.
 (3) This Part applies to a service if:
 (a) it is a service for carrying communications, or enabling communications to be carried, by means of guided or unguided electromagnetic energy or both; and
 (b) it is a service:
 (i) operated by a carrier; or
 (ii) operated by an internet service provider (within the meaning of Schedule 5 to the Broadcasting Services Act 1992); or
 (iii) of a kind for which a declaration under subsection (3A) is in force; and
 (c) the person operating the service owns or operates, in Australia, infrastructure that enables the provision of any of its relevant services;
but does not apply to a broadcasting service (within the meaning of the Broadcasting Services Act 1992).
 (3A) The Minister may, by legislative instrument, declare a service to be a service to which this Part applies.
 (3B) A declaration under subsection (3A):
 (a) comes into force when it is made, or on such later day as is specified in the declaration; and
 (b) ceases to be in force at the end of the period of 40 sitting days of a House of the Parliament after the declaration comes into force.
 (3C) If a Bill is introduced into either House of the Parliament that includes an amendment of subsection (3), the Minister:
 (a) must refer the amendment to the Parliamentary Joint Committee on Intelligence and Security for review; and
 (b) must not in that referral specify, as the period within which the Committee is to report on its review, a period that will end earlier than 15 sitting days of a House of the Parliament after the introduction of the Bill.
 (4) This section does not require a service provider to keep, or cause to be kept:
 (a) information that is the contents or substance of a communication; or
Note: This paragraph puts beyond doubt that service providers are not required to keep information about telecommunications content.
 (b) information that:
 (i) states