TELECOMMUNICATIONS ACT 1991 No. 98 of 1991 - SECT 47 AUSTEL, carriers and service providers to prevent use of networks and facilities in commission of offences

TELECOMMUNICATIONS ACT 1991 No. 98 of 1991 - SECT 47

47. (1) AUSTEL, the carriers, and the persons who supply eligible services,
must, in exercising their respective powers, do their best to prevent
telecommunications networks and facilities operated by carriers, or by such
persons, from being used in, or in relation to, the commission of offences
against the laws of the Commonwealth and of the States and Territories.

(2) AUSTEL, the carriers, and the persons who supply eligible services, must
give to officers and authorities of the Commonwealth and of the States and
Territories such help as is reasonably necessary for any of the following
purposes:

   (a)  enforcing the criminal law and laws imposing pecuniary penalties;

   (b)  protecting the public revenue;

   (c)  safeguarding national security.

(3) AUSTEL 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 performance or
purported performance of the duty imposed by subsection (1) or (2).

(4) A carrier 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 or purported performance of the duty imposed by
        subsection (1) or (2); or

   (b)  in compliance or purported compliance with a condition of a general
        telecommunications licence or public mobile licence held by the
        carrier, being:

   (i)  a condition that is expressed to have the purpose of giving effect to
        subsection (1) or (2); or

   (ii) a condition of the kind referred to in paragraph 63 (4) (m); or

   (c)  in compliance or purported compliance with a direction that AUSTEL has
        given in good faith:

   (i)  in performance or purported performance of the duty imposed by
        subsection (1) or (2); or

   (ii) under a condition of the kind referred to in paragraph 63 (4) (m).

(5) A person who supplies eligible services 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 or purported performance of the duty imposed by
        subsection (1) or (2); or

   (b)  in compliance or purported compliance with a condition included in a
        class licence under which the person supplies eligible services, being
        a condition that is expressed to have the purpose of giving effect to
        subsection (1) or (2); or

   (c)  in compliance or purported compliance with a direction that AUSTEL has
        given in good faith:
  (i)   in performance or purported performance of the duty imposed by
subsection (1) or (2); or

   (ii) under a condition of a kind referred to in paragraph (b) of this
        subsection.

(6) An officer, employee or agent of AUSTEL, of a carrier, or of a person who
supplies eligible services, 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 AUSTEL, the carrier, or the person,
as mentioned in subsection (3), (4) or (5), as the case may be.

(7) Nothing in this section limits the generality of anything else in it.