Commonwealth Consolidated Acts

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Minister may make determinations

             (1)  The Minister may, by legislative instrument, make determinations in relation to interception capabilities applicable to a specified kind of telecommunications service that involves, or will involve, the use of a telecommunications system.

             (2)  A determination:

                     (a)  must specify an international standard or guidelines (the international standard ), or the relevant part of the international standard, on which the determination is based; and

                     (b)  must provide for interception capability by adopting, applying or incorporating the whole or a part of the international standard, with only such modifications as are necessary to facilitate the application of the standard or the relevant part of the standard in Australia (including any transitional arrangement in relation to an existing kind of telecommunications service that might be required); and

                     (c)  must be accompanied by a copy of the international standard or of the relevant part of the international standard.

             (3)  For the purposes of subsection (2), the international standard specified in a determination:

                     (a)  must deal primarily with the requirements of interception agencies in relation to the interception of communications passing over a telecommunications network and related matters; and

                     (b)  may be a part of an international agreement or arrangement or a proposed international agreement or arrangement.

Matters to be taken into account

             (4)  Before making a determination under subsection (1), the Minister must take into account:

                     (a)  the interests of law enforcement and national security; and

                     (b)  the objects of the Telecommunications Act 1997 ; and

                     (c)  the privacy of the users of telecommunications systems.

             (5)  The Minister may take into account any other matter the Minister considers relevant.

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