Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A carrier or carriage service provider must, in connection with:
(a) the operation by the carrier or provider of telecommunications networks or facilities; or
(b) the supply by the carrier or provider of carriage services;
do the carrier's best or the provider's best to prevent telecommunications networks and facilities from being used in, or in relation to, the commission of offences against the laws of the Commonwealth or of the States and Territories.
(1A) For the purposes of security (within the meaning of the Australian Security Intelligence Organisation Act 1979 ), a carrier or carriage service provider must, in connection with:
(a) the operation by the carrier or provider of telecommunications networks or facilities; or
(b) the supply by the carrier or provider of carriage services;
do the carrier's best or the provider's best to protect telecommunications networks and facilities owned, operated or used by the carrier or provider from unauthorised interference or unauthorised access to ensure:
(c) the confidentiality of communications carried on, and of information contained on, telecommunications networks or facilities; and
(d) the availability and integrity of telecommunications networks and facilities.
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.
(2) A carriage service intermediary must do the intermediary's best to prevent telecommunications networks and facilities from being used in, or in relation to, the commission of offences against the laws of the Commonwealth or of the States and Territories.
(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.
(3) A carrier or carriage service provider must, in connection with:
(a) the operation by the carrier or provider of telecommunications networks or facilities; or
(b) the supply by the carrier or provider of carriage services;
give officers and authorities of the Commonwealth and of the States and Territories such help as is reasonably necessary for the following purposes:
(c) enforcing the criminal law and laws imposing pecuniary penalties;
(ca) assisting the enforcement of the criminal laws in force in a foreign country;
(cb) assisting the investigation and prosecution of:
(i) crimes within the jurisdiction of the ICC (within the meaning of the International Criminal Court Act 2002 ); and
(ii) Tribunal offences (within the meaning of the International War Crimes Tribunals Act 1995 );
(d) protecting the public revenue;
(e) safeguarding national security.
Note: Section 314 deals with the terms and conditions on which such help is to be provided.
(4) A carriage service intermediary who arranges for the supply by a carriage service provider of carriage services must, in connection with:
(a) the operation by the provider of telecommunications networks or facilities; or
(b) the supply by the provider of carriage services;
give officers and authorities of the Commonwealth and of the States and Territories such help as is reasonably necessary for the following purposes:
(c) enforcing the criminal law and laws imposing pecuniary penalties;
(ca) assisting the enforcement of the criminal laws in force in a foreign country;
(cb) assisting the investigation and prosecution of:
(i) crimes within the jurisdiction of the ICC (within the meaning of the International Criminal Court Act 2002 ); and
(ii) Tribunal offences (within the meaning of the International War Crimes Tribunals Act 1995 );
(d) protecting the public revenue;
(e) safeguarding national security.
Note: Section 314 deals with the terms and conditions on which such help is to be provided.
(4A) A carrier or carriage service provider must, in connection with:
(a) the operation by the carrier or provider of telecommunications networks or facilities; or
(b) the supply by the carrier or provider of carriage services;
give officers and authorities of the Commonwealth and of the States and Territories such help as is reasonably necessary for the following purposes:
(c) if a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020 ) is in force--preparing for, responding to or recovering from an emergency to which the declaration relates;
(d) preparing for, responding to or recovering from a disaster or emergency that has been declared to be a disaster or a state of emergency (as the case may be) by or with the approval of a Minister of a State or Territory under the law of the State or Territory;
(e) if a declaration made for the purpose of subsection (4D) is in force--preparing for, responding to or recovering from an emergency to which the declaration relates.
Note: Section 314 deals with the terms and conditions on which such help is to be provided.
(4B) A carriage service intermediary who arranges for the supply by a carriage service provider of carriage services must, in connection with:
(a) the operation by the provider of telecommunications networks or facilities; or
(b) the supply by the provider of carriage services;
give officers and authorities of the Commonwealth and of the States and Territories such help as is reasonably necessary for the following purposes:
(c) if a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020 ) is in force--preparing for, responding to or recovering from an emergency to which the declaration relates;
(d) preparing for, responding to or recovering from a disaster or emergency that has been declared to be a disaster or a state of emergency (as the case may be) by or with the approval of a Minister of a State or Territory under the law of the State or Territory;
(e) if a declaration made for the purpose of subsection (4D) is in force--preparing for, responding to or recovering from an emergency to which the declaration relates.
Note: Section 314 deals with the terms and conditions on which such help is to be provided.
(4C) Subsections (4A) and (4B) do not limit subsection (3) or (4).
(4D) The Minister may, in writing, declare that an emergency exists for the purposes of this subsection.
(4E) The Minister must publish, by electronic or other means, a copy of the declaration made under subsection (4D) as soon as practicable after making the declaration.
(4F) A declaration made under subsection (4D) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.
(4G) In requiring help for the purposes of subsection (4A) or (4B), the officer or authority of the Commonwealth, State or Territory making the requirement must have regard to any guidelines in force under subsection (4H).
(4H) The Minister may, by legislative instrument, formulate guidelines for the purposes of subsection (4G).
(5) A carrier or carriage service provider is not liable to an action or other proceeding for damages for or in relation to an act done or omitted in good faith:
(a) in performance of the duty imposed by subsection (1), (1A), (2), (2A), (3), (4), (4A) or (4B); or
(b) in compliance with a direction that the ACMA gives in good faith in performance of its duties under section 312; or
(c) in compliance with a direction given under subsection 315A(1) or 315B(2).
(6) An officer, employee or agent of a carrier or of a carriage service provider is not liable to an action or other proceeding for damages for or in relation to an act done or omitted in good faith in connection with an act done or omitted by the carrier or provider as mentioned in subsection (5).
(7) A reference in this section to giving help includes a reference to giving help by way of:
(a) the provision of interception services, including services in executing an interception warrant under the Telecommunications (Interception and Access) Act 1979 ; or
(b) giving effect to a stored communications warrant under that Act; or
(c) providing relevant information about:
(i) any communication that is lawfully intercepted under such an interception warrant; or
(ii) any communication that is lawfully accessed under such a stored communications warrant; or
(caa) giving effect to authorisations under section 31A of that Act; or
(ca) complying with a domestic preservation notice or a foreign preservation notice that is in force under Part 3 - 1A of that Act; or
(d) giving effect to authorisations under Division 3 or 4 of Part 4 - 1 of that Act; or
(e) disclosing information or a document in accordance with section 280 of this Act.
Note: Additional obligations concerning interception capability and delivery capability are, or may be, imposed on a carrier or carriage service provider under Chapter 5 of the Telecommunications (Interception and Access) Act 1979 .