Interception Capability Plan Determination 2002 (No. 1) (Cth)

Commonwealth of Australia

Telecommunications) Act 1997

Interception Capability Plan

Determination 2002 (No. 1)

I, RICHARD KENNETH ROBERT ALSTON, Minister for Communications, Information Technology and the Arts, make the following Determination under paragraph 329(1)(e) of the Telecommunications Act 1997.

Dated 13 May 2002.

RICHARD ALSTON

Minister for Communications, Information Technology and the Arts

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1. Name of Determination

This Determination is the Interception Capability Plan Determination 2002

(No. 1).

1. Commencement

This Determination commences on gazettal.

3    Definitions

In this Determination:

Act means the Telecommunications Act 1997.

agency co-ordinator has the same meaning as in the Act.

IC plan has the same meaning as in the Act.

national security clearance means a clearance that enables a person to have access to national security information or to an area that has been designated as secure.

national security information means information concerning the defence, security or international relations of Australia.

nominated carriage service provider means a carriage service provider that the Attorney-General has declared, by determination in writing under subsection 331(3) of the Act, to be a nominated carriage service provider.

4    Matter relevant to an IC plan

For the purposes of paragraph 329(1)(e) of the Act, the following matter is relevant to the IC plan of a carrier or nominated carriage service provider if the agency co-ordinator has notified the matter in writing to the carrier or provider:

(a)a description of the arrangements that the carrier or provider will put in place to maintain within Australia, and under the control of persons holding appropriate national security clearances, the means:

(i)     to support its legal obligation to provide interception capabilities in relation to carriage services (including the provision of a physical interception point);

(ii)    to protect information relating to interception; and

(iii)   to provide other reasonably necessary assistance relating to interception to national security and law enforcement agencies.