Document ID: chunk:federal_register_of_legislation:C2024C00742:section:314a:p1
Version: federal_register_of_legislation:C2024C00742
Segment Type: section
Provision Reference: s 314A (pt 1/2)
Character Range: 535991–538985

314A  Individual notifications
 (1) This section applies if, at any time, a carrier or a nominated carriage service provider becomes aware that the implementation by the carrier or provider of a change that is proposed to a telecommunications service or a telecommunications system is likely to have a material adverse effect on the capacity of the carrier or provider to comply with its obligations under subsection 313(1A) or (2A).

Kinds of changes
 (2) A change to a telecommunications service or a telecommunications system includes (but is not limited to) the following:
 (a) the carrier or carriage service provider providing one or more new telecommunication services;
 (b) the carrier or carriage service provider changing the location of notifiable equipment (including moving equipment outside Australia);
 (c) the carrier or carriage service provider procuring notifiable equipment (including procuring equipment that is located outside Australia);
 (d) the carrier or carriage service provider entering into outsourcing arrangements:
 (i) to have all or part of the telecommunication services provided for the carrier or provider; or
 (ii) to have all or part of the provision of telecommunication services managed for the carrier or provider; or
 (iii) to have all or some information to which section 276 applies in relation to the carrier or provider, managed for the carrier or provider;
 (e) the carrier or carriage service provider entering into arrangements to have all or some information to which section 276 applies in relation to the carrier or provider accessed by persons outside Australia;
 (f) the carrier or carriage service provider entering into arrangements to have all or some information or documents to which subsection 187A(1) of the Telecommunications (Interception and Access) Act 1979 applies in relation to the carrier or provider kept outside Australia.
 (2A) Subsection (1) does not apply to changes to a telecommunications service or a telecommunications system that are changes determined in an instrument under subsection (2B).
 (2B) A Communications Security Coordinator may, by legislative instrument, make a determination for the purposes of subsection (2A).
Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.

Notification of change
 (3) The carrier or provider must notify a Communications Security Coordinator, in writing, of its intention to implement the proposed change. The notification must include a description of the proposed change.

Exemptions
 (4) A Communications Security Coordinator may, by notice in writing given to a carrier or a nominated carriage service provider, exempt the carrier or provider from the operation of this section.
Note: For revocation, see subsection 33(3) of the Acts Interpretation Act 1901.
 (5) A Communications Security Coordinator may, by notice in writing given to a carrier or a nominated carriage service provider, exempt the carrier or provider from the