TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 188 Delivery points

TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 188

  (1)   Each carrier must:

  (a)   nominate, in respect of a particular kind of telecommunications service of that carrier and in respect of each interception agency, at least one place in Australia as the location of a point from which lawfully intercepted information can most conveniently be transmitted in relation to that interception agency; and

  (b)   inform the Communications Access Co - ordinator of the place or places nominated for each interception agency.

Note 1:   The nominated location becomes a delivery point: see the definition of delivery point in subsection   5(1).

Note 2:   The definition of carrier in subsection   5(1) includes carriage service providers.

Note 3:   Delivery points are significant for the interception capability obligations in Part   5 - 3 and for the delivery capability obligations in Part   5 - 5.

Disagreement over delivery points

  (2)   The Communications Access Co - ordinator may, at any time, notify a carrier that an interception agency does not agree to the location of a point nominated under subsection   (1) by that carrier in respect of a particular kind of telecommunications service and of that interception agency.

  (3)   Upon being so notified, the carrier must nominate another location of a point in respect of that kind of telecommunications service and of that interception agency and inform the Communications Access Co - ordinator.

Note:   The nominated location becomes a delivery point: see the definition of delivery point in subsection   5(1).

  (4)   If the location of a point nominated under subsection   (3) is still unsatisfactory to the interception agency, the Communications Access Co - ordinator must:

  (a)   inform the carrier to that effect; and

  (b)   refer the disagreement to the ACMA for a determination under subsection   (5).

  (5)   The ACMA, after hearing the views of the carrier and the views of the interception agency concerning the best location of a point in relation to that kind of telecommunications service and that interception agency, must determine the location of a point for the purposes of this section.

Note:   The determined location becomes a delivery point: see the definition of delivery point in subsection   5(1).

Factors to be considered in determining delivery points

  (6)   In determining the location of a delivery point, the carrier and the interception agency or, failing agreement, the ACMA, must have regard to:

  (a)   the configuration of the kind of telecommunications service in respect of which the delivery point is required to be decided; and

  (b)   the relative costs to the carrier and the interception agency of any particular point that is chosen as that delivery point; and

  (c)   the reasonable needs of the interception agency; and

  (d)   the reasonable commercial requirements of the carrier; and

  (e)   the location of any delivery points already existing in relation to that interception agency or other interception agencies.

  (7)   It is not a requirement that a place where an interception takes place is the place nominated as the location of a delivery point if, in accordance with the criteria set out in subsection   (6), another more suitable location exists.

Changing delivery points

  (8)   If:

  (a)   the location of a delivery point has been determined by the ACMA in respect of a particular kind of telecommunications service and of an interception agency; and

  (b)   as a result of a material change in the circumstances of the carrier concerned, the location of that point becomes unsuitable;

the carrier:

  (c)   may nominate another place as the location of that delivery point in respect of that kind of telecommunications service and of that interception agency; and

  (d)   must inform the Communications Access Co - ordinator of the place so nominated.

Note:   The nominated location becomes a delivery point: see the definition of delivery point in subsection   5(1).

  (9)   If:

  (a)   the location of a delivery point has been determined by the ACMA in respect of a particular kind of telecommunications service and of an interception agency; and

  (b)   as a result of a material change in the circumstances of the interception agency, the location of that point becomes unsuitable; and

  (c)   the interception agency, either directly or through the Communications Access Co - ordinator, requests the carrier to nominate another place as the location of that delivery point;

the carrier must:

  (d)   nominate another place as the location of that delivery point in respect of that kind of telecommunications service and of that interception agency; and

  (e)   inform the Communications Access Co - ordinator of the place nominated.

Note:   The nominated location becomes a delivery point: see the definition of delivery point in subsection   5(1).

  (10)   Subsections   (2) to (7) apply in relation to a nomination under subsection   (8) or (9) as if it were a nomination under subsection   (1).