Commonwealth Consolidated Acts Commonwealth Consolidated ActsFurther information
(1) If:
(a) a carrier or a nominated carriage service provider gives a Communications Security Coordinator a security capability plan setting out one or more proposed changes mentioned in subsection 314C(2); and
(b) a Communications Security Coordinator considers that further information, in relation to a particular proposed change, is required for a Communications Security Coordinator to assess whether there is a risk of unauthorised interference with, or unauthorised access to, telecommunications networks or facilities that would be prejudicial to security;
a Communications Security Coordinator may, by notice in writing given to the carrier or provider, set out the further information that is required.
(2) A notice under subsection (1) must be given to the carrier or provider within 60 days of the plan being given to a Communications Security Coordinator.
Assessment of proposed change
(3) If:
(a) a Communications Security Coordinator considers a particular proposed change mentioned in subsection 314C(2) that is set out in a security capability plan (including a proposed change where further information is provided as mentioned in this section); and
(b) in relation to the proposed change, a Communications Security Coordinator is satisfied that there is a risk of unauthorised interference with, or unauthorised access to, telecommunications networks or facilities that would be prejudicial to security;
a Communications Security Coordinator must give a written notice to the carrier or provider:
(c) advising the carrier or provider of that risk; and
(d) setting out the duty imposed by subsection 313(1A) or (2A); and
(e) setting out the consequences for the carrier or provider for not complying with that duty.
(4) A notice under subsection (3) may also set out the measures a Communications Security Coordinator considers the carrier or provider could adopt to eliminate or reduce the risk referred to in subsection (3).
(5) If:
(a) a Communications Security Coordinator considers a particular proposed change mentioned in subsection 314C(2) that is set out in a security capability plan (including a proposed change where further information is provided as mentioned in this section); and
(b) in relation to the proposed change, a Communications Security Coordinator is satisfied that there is not a risk of unauthorised interference with, or unauthorised access to, telecommunications networks or facilities that would be prejudicial to security;
a Communications Security Coordinator must give a written notice to the carrier or provider to that effect.
(6) In response to a proposed change mentioned in subsection 314C(2) that is set out in a security capability plan, a notice must be given to the carrier or provider:
(a) within 60 days of the plan being given to a Communications Security Coordinator; or
(b) if under subsection (1) a Communications Security Coordinator sought further information from the carrier or provider--as soon as practicable and no later than 60 days after the carrier or provider gave that further information.
The notice must be a notice under subsection (3) or (5) and may relate to one or more such changes.
(7) In this section:
"security" has the same meaning as in the Australian Security Intelligence Organisation Act 1979 .