Amendments Schedule 1
Main amendments Part 1
(3) A direction under subsection (2) may be given only if the
Attorney-General is satisfied that requiring the carrier, carriage
service provider or carriage service intermediary to do, or to refrain
from doing, the specified act or thing is reasonably necessary for
purposes relating to eliminating or reducing the risk referred to in
subsection (1).
Direction to be given after adverse security assessment
(4) The Attorney-General must not give a carrier, carriage service
provider or carriage service intermediary a direction under
subsection (2) unless an adverse security assessment in respect of
the carrier, provider or intermediary is given to the
Attorney-General in connection with this section.
Direction to be given after negotiations in good faith
(5) The Attorney-General must not give a carrier, carriage service
provider or carriage service intermediary a direction under
subsection (2) unless the Attorney-General is satisfied that
reasonable steps have been taken to negotiate in good faith with the
carrier, provider or intermediary to achieve an outcome of
eliminating or reducing the risk referred to in subsection (1).
Matters to which regard must be had before giving direction
(6) Before giving a carrier, carriage service provider or carriage
service intermediary a direction under subsection (2), the
Attorney-General must have regard to the following matters:
(a) the adverse security assessment mentioned in subsection (4);
(b) the costs, in complying with any direction, that would be
likely to be incurred by the carrier, provider or intermediary;
(c) the potential consequences that any direction may have on
competition in the telecommunications industry;
(d) the potential consequences that any direction may have on
customers of the carrier, provider or intermediary.
The Attorney-General must give the greatest weight to the matter
mentioned in paragraph (a).
(7) Subsection (6) does not limit the matters to which regard may be
had.
No. 111, 2017
Telecommunications and Other Legislation Amendment Act 2017
Authorised Version C2017A00111
17
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