Schedule 1 Amendments Part 1 Main amendments Note 1: Security, among other things, covers the protection of, and of the people of, the Commonwealth and the States and Territories from espionage, sabotage, attacks on Australia’s defence system and acts of foreign interference. Note 2: A person who uses a carriage service to supply various kinds of broadcasting services is not a carriage service provider merely because of that use (and therefore not subject to the duty imposed by this subsection): see subsections 87(1) and (2) and 93(1) and (2). (1B) Without limiting subsection (1A), the duty imposed by that subsection includes the requirement for the carrier or carriage service provider to maintain competent supervision of, and effective control over, telecommunications networks and facilities owned or operated by the carrier or provider. 9 After subsection 313(2) Insert: (2A) For the purposes of security (within the meaning of the Australian Security Intelligence Organisation Act 1979), a carriage service intermediary must do the intermediary’s best to protect telecommunications networks and facilities used to supply the carriage service referred to in subsection 87(5) from unauthorised interference or unauthorised access to ensure: (a) the confidentiality of communications carried on, and of information contained on, telecommunications networks or facilities; and (b) the availability and integrity of telecommunications networks and facilities. Note: Security, among other things, covers the protection of, and of the people of, the Commonwealth and the States and Territories from espionage, sabotage, attacks on Australia’s defence system and acts of foreign interference. 10 Paragraph 313(5)(a) Omit “subsection (1), (2),”, substitute “subsection (1), (1A), (2), (2A),”. 11 At the end of subsection 313(5) Add: ; or (c) in compliance with a direction given under subsection 315A(1) or 315B(2). 6 Telecommunications and Other Legislation Amendment Act 2017 Authorised Version C2017A00111 No. 111, 2017

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