Commonwealth Consolidated Acts

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TELECOMMUNICATIONS ACT 1997 - SECT 317E

Listed acts or things

  (1)   For the purposes of the application of this Part to a designated communications provider, listed act or thing means:

  (a)   removing one or more forms of electronic protection that are or were applied by, or on behalf of, the provider; or

  (b)   providing technical information; or

  (c)   installing, maintaining, testing or using software or equipment; or

  (d)   ensuring that information obtained in connection with the execution of a warrant or authorisation is given in a particular format; or

  (da)   an act or thing done to assist in, or facilitate:

  (i)   giving effect to a warrant or authorisation under a law of the Commonwealth, a State or a Territory; or

  (ii)   the effective receipt of information in connection with a warrant or authorisation under a law of the Commonwealth, a State or a Territory; or

  (e)   facilitating or assisting access to whichever of the following are the subject of eligible activities of the provider:

  (i)   a facility;

  (ii)   customer equipment;

  (iii)   a data processing device;

  (iv)   a listed carriage service;

  (v)   a service that facilitates, or is ancillary or incidental to, the supply of a listed carriage service;

  (vi)   an electronic service;

  (vii)   a service that facilitates, or is ancillary or incidental to, the provision of an electronic service;

  (viii)   software used, for use, or likely to be used, in connection with a listed carriage service;

  (ix)   software used, for use, or likely to be used, in connection with an electronic service;

  (x)   software that is capable of being installed on a computer, or other equipment, that is, or is likely to be, connected to a telecommunications network; or

  (f)   assisting with the testing, modification, development or maintenance of a technology or capability; or

  (g)   notifying particular kinds of changes to, or developments affecting, eligible activities of the designated communications provider, if the changes are relevant to the execution of a warrant or authorisation; or

  (h)   modifying, or facilitating the modification of, any of the characteristics of a service provided by the designated communications provider; or

  (i)   substituting, or facilitating the substitution of, a service provided by the designated communications provider for:

  (i)   another service provided by the provider; or

  (ii)   a service provided by another designated communications provider; or

  (j)   an act or thing done to conceal the fact that any thing has been done covertly in the performance of a function, or the exercise of a power, conferred by a law of the Commonwealth, a State or a Territory, so far as the function or power relates to:

  (i)   enforcing the criminal law, so far as it relates to serious Australian offences; or

  (ii)   assisting the enforcement of the criminal laws in force in a foreign country, so far as those laws relate to serious foreign offences; or

  (iii)   the interests of Australia's national security, the interests of Australia's foreign relations or the interests of Australia's national economic well - being.

  (2)   Paragraph   (1)(j) does not apply to:

  (a)   making a false or misleading statement; or

  (b)   engaging in dishonest conduct.



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