Commonwealth Consolidated Acts

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Obligations of persons not covered by a determination in relation to a kind of telecommunications service

             (1)  Each carrier supplying a particular kind of telecommunications service that is not covered by any determination under section 189 but that involves, or will involve, the use of a telecommunications system must ensure that the kind of service or the system has the capability to:

                     (a)  enable a communication passing over the system to be intercepted in accordance with an interception warrant; and

                     (b)  transmit lawfully intercepted information to the delivery points applicable in respect of that kind of service.

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

             (2)  Without limiting subsection (1), the obligation under that subsection includes the obligation to ensure that the capability is developed, installed and maintained.

Note 1:       A person may be exempted from the requirements of this section under a provision of Division 2.

Note 2:       The cost of this capability is to be borne by the carriers: see Division 2 of Part 5-6.

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