Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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 subsection 313(1A) or (2A).
Kinds of changes
(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 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 applies in relation to the carrier or provider accessed by persons outside Australia;
(f) the carrier or carriage service provider entering into arrangements to have all or some information or documents to which subsection 187A(1) of the Telecommunications (Interception and Access) Act 1979 applies in relation to the carrier or provider kept outside Australia.
(2A) Subsection (1) does not apply to changes to a telecommunications service or a telecommunications system that are changes determined in an instrument under subsection (2B).
(2B) A Communications Security Coordinator may, by legislative instrument, make a determination for the purposes of subsection (2A).
Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901 .
Notification of change
(3) The carrier or provider must notify a Communications Security Coordinator, in writing, of its intention to implement the proposed change. The notification must include a description of the proposed change.
Exemptions
(4) A Communications Security Coordinator may, by notice in writing given to a carrier or a nominated carriage service provider, exempt the carrier or provider from the operation of this section.
Note: For revocation, see subsection 33(3) of the Acts Interpretation Act 1901 .
(5) A Communications Security Coordinator may, by notice in writing given to a carrier or a nominated carriage service provider, exempt the carrier or provider from the operation of this section in relation to changes specified in the notice.
Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901 .
(5A) A Communications Security Coordinator may grant an exemption under subsection (4) or (5) on his or her own initiative or on written application by a carrier or a nominated carriage service provider.
(5B) If a carrier or a nominated carriage service provider makes such an application, a Communications Security Coordinator must, within 60 days of receiving the application, either:
(a) give the carrier or provider an exemption under subsection (4) or (5); or
(b) give the carrier or provider a notice in writing refusing the application, including setting out the reasons for the refusal.
(5C) Applications may be made to the Administrative Review Tribunal for review of a decision of a Communications Security Coordinator under paragraph (5B)(b) to refuse an application.
(6) An exemption under subsection (4) or (5) has effect accordingly.
(6A) An exemption under subsection (4) or (5) may specify the period during which it is to remain in force. The exemption remains in force for that period unless it is revoked earlier or it ceases to be in force as mentioned in subsection (6B).
(6B) An exemption under subsection (4) or (5) may be given subject to conditions specified in the exemption. The exemption ceases to be in force if the carrier or nominated carriage service provider breaches a condition.
(7) An exemption under subsection (4) or (5) is not a legislative instrument.