Changes to interception and notification obligations

1. Background

The Telecommunications Interception and Intelligence Services Legislation Amendment Bill 2010 ("Bill") was passed last week by both Houses of Parliament but has not yet received Royal Assent. It amends the Telecommunications (Interception and Access) Act 1979 ("Interception Act") in the following areas.

2. Proposed changes to a telecommunications network

Carriage service providers will now need to advise ACMA in writing if they intend to implement any changes to equipment which are likely to have a material adverse effect on its capacity to comply with its interception or stored communications obligations under the Interception Act, or section 313 of the Telecommunications Act 1997 ("Act"). The notification needs to be before the implementation takes place, rather than after (which is currently the case). ACMA may also liaise with law enforcement agencies to assess the impact of the proposed changes. The carriage service provider must not make