Schedule 1 Industry assistance
Part 1 Amendments
Listed acts or things
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(7) The acts or things that may be specified in a technical capability
notice given to a designated communications provider in
accordance with paragraph (2)(b) include (but are not limited to)
listed acts or things, so long as those acts or things:
(a) are in connection with any or all of the eligible activities of
the provider; and
(b) are covered by subsection (2), so far as that subsection relates
to paragraph (2)(b).
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Limits
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(8) If:
(a) a designated communications provider supplies a particular
kind of telecommunications service; and
(b) the service involves, or will involve, the use of a
telecommunications system;
a technical capability notice has no effect to the extent (if any) to
which it requires the provider to ensure that the kind of service, or
the system:
(c) has the capability to enable a communication passing over
the system to be intercepted in accordance with an
interception warrant; or
(d) has the capability to transmit lawfully intercepted
information to the delivery points applicable in respect of that
kind of service; or
(e) has a delivery capability.
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Note 1:
Part 5-3 of the Telecommunications (Interception and Access) Act
1979 deals with interception capability.
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Note 2:
Part 5-5 of the Telecommunications (Interception and Access) Act
1979 deals with delivery capability.
(9) For the purposes of subsection (8), ensuring that a kind of service
or a system has a particular capability includes ensuring that the
capability is developed, installed and maintained.
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(10) A technical capability notice has no effect to the extent (if any) to
which it requires a designated communications provider to keep, or
cause to be kept:
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Telecommunications and Other Legislation Amendment (Assistance
and Access) Bill 2018
No.
, 2018
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