Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 187B

Certain service providers not covered by this Part

             (1)  Subsection 187A(1) does not apply to a service provider (other than a carrier that is not a carriage service provider) in relation to a relevant service that it operates if:

                     (a)  the service:

                              (i)  is provided only to a person's immediate circle (within the meaning of section 23 of the Telecommunications Act 1997 ); or

                             (ii)  is provided only to places that, under section 36 of that Act, are all in the same area; and

                     (b)  the service is not subject to a declaration under subsection (2) of this section.

             (2)  The Communications Access Co-ordinator may declare that subsection 187A(1) applies in relation to a relevant service that a service provider operates.

          (2A)  Before making the declaration, the Communications Access Co-ordinator may consult the Privacy Commissioner.

             (3)  In considering whether to make the declaration, the Communications Access Co-ordinator must have regard to:

                     (a)  the interests of law enforcement and national security; and

                     (b)  the objects of the Telecommunications Act 1997 ; and

                   (ba)  the objects of the Privacy Act 1988 ; and

                   (bb)  any submissions made by the Privacy Commissioner because of the consultation under subsection (2A); and

                     (c)  any other matter that the Communications Access Co-ordinator considers relevant.

             (4)  The declaration must be in writing.

             (5)  A declaration made under subsection (2) is not a legislative instrument.

             (6)  As soon as practicable after making a declaration under subsection (2), the Communications Access Co-ordinator must give written notice of the declaration to the Minister.

             (7)  As soon as practicable after receiving the notice under subsection (6), the Minister must give written notice of the declaration to the Parliamentary Joint Committee on Intelligence and Security.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback