Commonwealth Consolidated Acts

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Nature of an interception capability plan

             (1)  An interception capability plan ( IC plan ) of a carrier or nominated carriage service provider is a written instrument that complies with subsections (2) and (3).

Matters to be included in the instrument

             (2)  The instrument must set out:

                     (a)  a statement of the policies of the carrier or provider in relation to interception generally and of its strategies for compliance with its legal obligation to provide interception capabilities in relation to a particular kind of telecommunications service that involves, or will involve, the use of a telecommunications system; and

                     (b)  a statement of the compliance by the carrier or provider with that legal obligation; and

                     (c)  a statement of any relevant developments in the business of the carrier or provider that are proposed within the period of 5 years from the start of the plan and that, if implemented, are likely to affect those interception capabilities; and

                     (d)  a statement of the locations at which communications passing over a telecommunications system are intercepted or proposed to be intercepted by the carrier or provider; and

                     (e)  a list of employees of the carrier or provider with responsibility for interception and other related matters; and

                      (f)  the matters determined by the Minister under subsection (4).

Approval of instrument

             (3)  The instrument must be approved by the chief executive officer (however described) of the carrier or provider or by a person authorised in writing by that officer for the purposes of this subsection to approve the instrument.

Ministerial determination

             (4)  The Minister may, by legislative instrument, determine matters for the purposes of paragraph (2)(f).

             (5)  The Minister must consult the ACMA before making a determination under subsection (4).

IC plans are not legislative instruments

             (6)  An instrument made under subsection (1) is not a legislative instrument.

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