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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