Document ID: chunk:federal_register_of_legislation:C2024C00749:section:188:p1
Version: federal_register_of_legislation:C2024C00749
Segment Type: section
Provision Reference: s 188 (pt 1/2)
Character Range: 690364–693255

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 a Communications Access Coordinator 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) A Communications Access Coordinator 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 a Communications Access Coordinator.
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, a Communications Access Coordinator 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