Listed acts or things
317E Listed acts or things
For the purposes of the application of this Part to a designated communications provider, listed act or thing means:
removing one or more forms of electronic protection that are or were applied by, or on behalf of, the provider; or
providing technical information; or
installing, maintaining, testing or using software or equipment; or
ensuring that information obtained in connection with the execution of a warrant or authorisation is given in a particular format; or
an act or thing done to assist in, or facilitate:
giving effect to a warrant or authorisation under a law of the Commonwealth, a State or a Territory; or
the effective receipt of information in connection with a warrant or authorisation under a law of the Commonwealth, a State or a Territory; or
facilitating or assisting access to whichever of the following are the subject of eligible activities of the provider:
a facility;
customer equipment;
a data processing device;
a listed carriage service;
a service that facilitates, or is ancillary or incidental to, the supply of a listed carriage service;
an electronic service;
a service that facilitates, or is ancillary or incidental to, the provision of an electronic service;
software used, for use, or likely to be used, in connection with a listed carriage service;
software used, for use, or likely to be used, in connection with an electronic service;
software that is capable of being installed on a computer, or other equipment, that is, or is likely to be, connected to a telecommunications network; or
assisting with the testing, modification, development or maintenance of a technology or capability; or
notifying particular kinds of changes to, or developments affecting, eligible activities of the designated communications provider, if the changes are relevant to the execution of a warrant or authorisation; or
modifying, or facilitating the modification of, any of the characteristics of a service provided by the designated communications provider; or
substituting, or facilitating the substitution of, a service provided by the designated communications provider for:
another service provided by the provider; or
a service provided by another designated communications provider; or
an act or thing done to conceal the fact that any thing has been done covertly in the performance of a function, or the exercise of a power, conferred by a law of the Commonwealth, a State or a Territory, so far as the function or power relates to:
enforcing the criminal law, so far as it relates to serious Australian offences; or
assisting the enforcement of the criminal laws in force in a foreign country, so far as those laws relate to serious foreign offences; or
the interests of Australia’s national security, the interests of Australia’s foreign relations or the interests of Australia’s national economic well‑being.
Paragraph (1)(j) does not apply to:
making a false or misleading statement; or
engaging in dishonest conduct.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.