Document ID: chunk:federal_register_of_legislation:C2007A00177:clause:1_188:p1
Version: federal_register_of_legislation:C2007A00177
Segment Type: clause
Provision Reference: sch 1 cl 188 (pt 1/2)
Character Range: 24924–27840

188  Delivery points

 (1) Each carrier must:
 (a) nominate, in respect of a particular kind of telecommunications service of that carrier and in respect of each interception agency, at least one place in Australia as the location of a point from which lawfully intercepted information can most conveniently be transmitted in relation to that interception agency; and
 (b) inform the Communications Access Co‑ordinator of the place or places nominated for each interception agency.

Note 1: The nominated location becomes a delivery point: see the definition of delivery point in subsection 5(1).

Note 2: The definition of carrier in subsection 5(1) includes carriage service providers.

Note 3: Delivery points are significant for the interception capability obligations in Part 5‑3 and for the delivery capability obligations in Part 5‑5.

Disagreement over delivery points

 (2) The Communications Access Co‑ordinator may, at any time, notify a carrier that an interception agency does not agree to the location of a point nominated under subsection (1) by that carrier in respect of a particular kind of telecommunications service and of that interception agency.

 (3) Upon being so notified, the carrier must nominate another location of a point in respect of that kind of telecommunications service and of that interception agency and inform the Communications Access Co‑ordinator.

Note: The nominated location becomes a delivery point: see the definition of delivery point in subsection 5(1).

 (4) If the location of a point nominated under subsection (3) is still unsatisfactory to the interception agency, the Communications Access Co‑ordinator must:
 (a) inform the carrier to that effect; and
 (b) refer the disagreement to the ACMA for a determination under subsection (5).

 (5) The ACMA, after hearing the views of the carrier and the views of the interception agency concerning the best location of a point in relation to that kind of telecommunications service and that interception agency, must determine the location of a point for the purposes of this section.

Note: The determined location becomes a delivery point: see the definition of delivery point in subsection 5(1).

Factors to be considered in determining delivery points

 (6) In determining the location of a delivery point, the carrier and the interception agency or, failing agreement, the ACMA, must have regard to:
 (a) the configuration of the kind of telecommunications service in respect of which the delivery point is required to be decided; and
 (b) the relative costs to the carrier and the interception agency of any particular point that is chosen as 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