Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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).