Interception Capability Plan Determination 2008 (No. 1) (Cth)

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Interception Capability Plan Determination 2008 (No.1)

Telecommunications (Interception and Access) Act 1979

I, ROBERT BRUCE McCLELLAND, Attorney‑General, make this Determination under paragraph 195(2)(f) of the Telecommunications (Interception and Access) Act 1979.

Dated 1 February 2008

ROBERT McCLELLAND

Attorney‑General

  1. Name of Determination

This Instrument is the Interception Capability Plan Determination 2008 (No.1).

  1. Commencement

This Determination commences on registration.

3              Definitions

In this Determination:

Act means the Telecommunications (Interception and Access) Act 1979.

Communications access co-ordinator has the same meaning as in the Act.

IC Plan has same the 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.

Nominated carriage service provider means a carriage service provider that the Attorney-General has declared, by determination in writing under subsection 197(4) of the Act, to be a nominated carriage service provider.

4              Matters to be included in an IC Plan

For the purposes of paragraph 195(2)(f) of the Act, the following matter applies to the IC Plan of a carrier or nominated carriage service provider if the communications access 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.

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