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TELECOMMUNICATIONS ACT 1997 - SECT 317B

Definitions

                   In this Part:

"access" , when used in relation to material, includes:

                     (a)  access that is subject to a pre-condition (for example, the use of a password); and

                     (b)  access by way of push technology; and

                     (c)  access by way of a standing request.

"ASIO affiliate" has the same meaning as in the Australian Security Intelligence Organisation Act 1979 .

"ASIO employee" has the same meaning as in the Australian Security Intelligence Organisation Act 1979 .

"chief officer" of an interception agency has the meaning given by section 317ZM.

"contracted service provider" , in relation to a designated communications provider, means a person who performs services for or on behalf of the provider, but does not include a person who performs such services in the capacity of an employee of the provider.

"designated communications provider" has the meaning given by section 317C.

"electronic protection" includes:

                     (a)  authentication; and

                     (b)  encryption.

"electronic service" has the meaning given by section 317D.

"eligible activities" of a designated communications provider has the meaning given by section 317C.

"entrusted ASD person" means a person who:

                     (a)  is a staff member of the Australian Signals Directorate; or

                     (b)  has entered into a contract, agreement or arrangement with the Australian Signals Directorate; or

                     (c)  is an employee or agent of a person who has entered into a contract, agreement or arrangement with the Australian Signals Directorate.

"entrusted ASIO person" means an entrusted person (within the meaning of the Australian Security Intelligence Organisation Act 1979 ).

"entrusted ASIS person" means a person who:

                     (a)  is a staff member or agent of the Australian Secret Intelligence Service; or

                     (b)  has entered into a contract, agreement or arrangement with the Australian Secret Intelligence Service; or

                     (c)  is an employee or agent of a person who has entered into a contract, agreement or arrangement with the Australian Secret Intelligence Service.

"giving help" :

                     (a)  when used in relation to ASIO--includes giving help to an ASIO employee or an ASIO affiliate; or

                     (b)  when used in relation to the Australian Secret Intelligence Service--includes giving help to a staff member of the Australian Secret Intelligence Service; or

                     (c)  when used in relation to the Australian Signals Directorate--includes giving help to a staff member of the Australian Signals Directorate; or

                     (d)  when used in relation to an interception agency--includes giving help to an officer of the agency.

"Home Affairs Minister" means the Minister administering the Telecommunications (Interception and Access) Act 1979 .

"IGIS official" has the same meaning as in the Australian Security Intelligence Organisation Act 1979 .

"interception agency" means:

                     (a)  the Australian Federal Police; or

                     (b)  the Australian Crime Commission; or

                     (c)  the Police Force of a State or the Northern Territory.

"listed act or thing" has the meaning given by section 317E.

"material" means material:

                     (a)  whether in the form of text; or

                     (b)  whether in the form of data; or

                     (c)  whether in the form of speech, music or other sounds; or

                     (d)  whether in the form of visual images (moving or otherwise); or

                     (e)  whether in any other form; or

                      (f)  whether in any combination of forms.

"officer" of an interception agency has the meaning given by section 317ZM.

"Ombudsman official" means:

                     (a)  the Commonwealth Ombudsman; or

                     (b)  a Deputy Commonwealth Ombudsman; or

                     (c)  a person who is a member of the staff referred to in subsection 31(1) of the Ombudsman Act 1976 .

"serious Australian offence" means an offence against a law of the Commonwealth, a State or a Territory that is punishable by a maximum term of imprisonment of 3 years or more or for life.

"serious foreign offence" means an offence against a law in force in a foreign country that is punishable by a maximum term of imprisonment of 3 years or more or for life.

"staff member" , when used in relation to the Australian Secret Intelligence Service or the Australian Signals Directorate, has the same meaning as in the Intelligence Services Act 2001 .

"State or Territory inspecting authority" , in relation to an interception agency of a State or Territory, means the authority that, under the law of the State or Territory concerned, has the function of making inspections of a similar kind to those provided for in section 55 of the Surveillance Devices Act 2004 when the interception agency is exercising powers under the law of that State or Territory that is of a similar nature to that Act.

"supply" :

                     (a)  when used in relation to:

                              (i)  a facility; or

                             (ii)  customer equipment; or

                            (iii)  a component;

                            includes supply (including re-supply) by way of sale, exchange, lease, hire or hire-purchase; and

                     (b)  when used in relation to software--includes provide, grant or confer rights, privileges or benefits.

"systemic vulnerability" means a vulnerability that affects a whole class of technology, but does not include a vulnerability that is selectively introduced to one or more target technologies that are connected with a particular person. For this purpose, it is immaterial whether the person can be identified.

"systemic weakness" means a weakness that affects a whole class of technology, but does not include a weakness that is selectively introduced to one or more target technologies that are connected with a particular person. For this purpose, it is immaterial whether the person can be identified.

"target technology" :

                     (a)  for the purposes of this Part, a particular carriage service, so far as the service is used, or is likely to be used, (whether directly or indirectly) by a particular person, is a target technology that is connected with that person; and

                     (b)  for the purposes of this Part, a particular electronic service, so far as the service is used, or is likely to be used, (whether directly or indirectly) by a particular person, is a target technology that is connected with that person; and

                     (c)  for the purposes of this Part, particular software installed, or to be installed, on:

                              (i)  a particular computer; or

                             (ii)  a particular item of equipment;

                            used, or likely to be used, (whether directly or indirectly) by a particular person is a target technology that is connected with that person; and

                     (d)  for the purposes of this Part, a particular update of software that has been installed on:

                              (i)  a particular computer; or

                             (ii)  a particular item of equipment;

                            used, or likely to be used, (whether directly or indirectly) by a particular person is a target technology that is connected with that person; and

                     (e)  for the purposes of this Part, a particular item of customer equipment used, or likely to be used, (whether directly or indirectly) by a particular person is a target technology that is connected with that person; and

                      (f)  for the purposes of this Part, a particular data processing device used, or likely to be used, (whether directly or indirectly) by a particular person is a target technology that is connected with that person.

For the purposes of paragraphs (a), (b), (c), (d), (e) and (f), it is immaterial whether the person can be identified.

"technical assistance notice" means a notice given under section 317L.

"technical assistance notice information" means:

                     (a)  information about any of the following:

                              (i)  the giving of a technical assistance notice;

                            (ia)  consultation relating to the giving of a technical assistance notice;

                             (ii)  the existence or non-existence of a technical assistance notice;

                            (iii)  the variation of a technical assistance notice;

                            (iv)  the revocation of a technical assistance notice;

                             (v)  the requirements imposed by a technical assistance notice;

                            (vi)  any act or thing done in compliance with a technical assistance notice; or

                     (b)  any other information about a technical assistance notice.

"technical assistance request" means a request under paragraph 317G(1)(a).

"technical assistance request information" means:

                     (a)  information about any of the following:

                              (i)  the giving of a technical assistance request;

                             (ii)  the existence or non-existence of a technical assistance request;

                            (iii)  the acts or things covered by a technical assistance request;

                            (iv)  any act or thing done in accordance with a technical assistance request; or

                     (b)  any other information about a technical assistance request.

"technical capability notice" means a notice given under section 317T.

"technical capability notice information" means:

                     (a)  information about any of the following:

                              (i)  the giving of a technical capability notice;

                             (ii)  consultation relating to the giving of a technical capability notice;

                            (iii)  the existence or non-existence of a technical capability notice;

                            (iv)  the variation of a technical capability notice;

                          (iva)  consultation relating to the variation of a technical capability notice;

                             (v)  the revocation of a technical capability notice;

                            (vi)  the requirements imposed by a technical capability notice;

                           (vii)  any act or thing done in compliance with a technical capability notice; or

                     (b)  any other information about a technical capability notice.



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