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TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 202B

Carrier or provider to notify of proposed change

             (1)  This section applies if, at any time, a carrier or a nominated carriage service provider becomes aware that the implementation by the carrier or provider of a change that is proposed to a telecommunications service or a telecommunications system is likely to have a material adverse effect on the capacity of the carrier or provider to comply with its obligations under:

                     (a)  this Act; or

                     (b)  section 313 of the Telecommunications Act 1997 (other than subsection 313(1A) or (2A) of that Act).

             (2)  A change to a telecommunications service or a telecommunications system includes (but is not limited to) the following:

                     (a)  the carrier or carriage service provider providing one or more new telecommunication services;

                     (b)  the carrier or carriage service provider changing the location of notifiable equipment (including moving equipment outside Australia);

                     (c)  the carrier or carriage service provider procuring notifiable equipment (including procuring equipment that is located outside Australia);

                     (d)  the carrier or carriage service provider entering into outsourcing arrangements:

                              (i)  to have all or part of the telecommunication services provided for the carrier or provider; or

                             (ii)  to have all or part of the provision of telecommunication services managed for the carrier or provider; or

                            (iii)  to have all or some information to which section 276 of the Telecommunications Act 1997 applies in relation to the carrier or provider, managed for the carrier or provider;

                     (e)  the carrier or carriage service provider entering into arrangements to have all or some information to which section 276 of the Telecommunications Act 1997 applies in relation to the carrier or provider accessed by persons outside Australia.

             (3)  The carrier or provider must notify the Communications Access Co-ordinator, in writing, of its intention to implement the proposed change.

             (4)  A notification provided under subsection (3) must include a description of the proposed change.

             (5)  After notifying the Communications Access Co-ordinator of a proposed change, the carrier or provider may implement the change if the carrier or provider has not been notified in writing by the Co-ordinator within 30 days after the day the carrier or provider notifies the Co-ordinator.

             (6)  If:

                     (a)  the Communications Access Co-ordinator notifies the carrier or provider in writing within 30 days after the day the carrier or provider notifies the Co-ordinator; and

                     (b)  within 30 days after the Co-ordinator so notifies the carrier or provider, the Co-ordinator makes a determination under section 203 that applies to the carrier or provider;

the carrier or provider must not implement the proposed change until the carrier or provider has complied with the determination.

             (7)  To avoid doubt, subsection (6) does not prevent the Communications Access Co-ordinator from making a determination under section 203, that applies to the carrier or provider, more than 30 days after the Co-ordinator first notifies the carrier or provider in writing as mentioned in paragraph (6)(a).



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