- Internet service providers
- Interception obligations
- Identity verification in relation to pre-paid mobile services
Carriers and service providers, including Internet service providers, have legislative obligations under Parts 14 and 15 of the Telecommunications Act 1997 to provide assistance to law enforcement and national security agencies. Amongst other things, carriers and service providers are required to assist such agencies to carry out their duties, maintain lawful interception capabilities, and try to ensure that telecommunications facilities and networks are not used in the commission of offences.
These obligations are summarised in a fact sheet.
For those carriage service providers that offer pre-paid mobile services, there are additional obligations relating to the identity verification.
Internet service providers are carriage service providers and are therefore subject to the obligations outlined above. This includes the obligation to install and maintain interception capabilities. Fact sheets are available which summarise Internet service providers' general assistance obligations and interception obligations.
The Telecommunications Act 1997 imposes obligations on carriers and carriage service providers, including Internet service providers, in regard to the provision of interception facilities. The Telecommunications (Interception) Act 1979 sets out the conditions under which a service may be intercepted and the actions required of the various parties involved. The Interception Act is administered by the Attorney General's Department.
In general terms, unless exempted, all carriers and carriage service providers (including Internet service providers) must provide facilities which enable them to execute a warrant for interception and to provide special assistance to law enforcement and national security agencies. All carriers and certain nominated carriage service providers are also required to submit an annual Interception Capability Plan to both the ACMA and the Attorney General's Department outlining the carrier's or carriage service provider's policies in relation to interception and their strategies for complying with their obligations.
Further information about interception obligations is available in the Telecommunications & Law Enforcement Manual (please note that this manual is under review) and from the Attorney General's Department.
The Telecommunications (Service Provider - Identity Checks for Pre-paid Public Mobile Telecommunications Services) Determination 2000 places identity verification obligations on carriage service providers that offer pre-paid mobile telecommunications services. The Determination is a service provider rule made under section 99 of the Telecommunications Act 1997.