47AUSTEL, carriers and service providers to prevent use of networks and facilities in commission of offences

##### 47 AUSTEL, carriers and service providers to prevent use of networks and facilities in commission of offences (1) AUSTEL, the carriers, and the persons who supply eligible services, must, in exercising their respective powers, do their best to prevent telecommunications networks and facilities operated by carriers, or by such persons, from being used in, or in relation to, the commission of offences against the laws of the Commonwealth and of the States and Territories. (2) AUSTEL, the carriers, and the persons who supply eligible services, must give to officers and authorities of the Commonwealth and of the States and Territories such help as is reasonably necessary for any of the following purposes: (a) enforcing the criminal law and laws imposing pecuniary penalties; (b) protecting the public revenue; (c) safeguarding national security. (3) AUSTEL is not liable to an action or other proceeding for damages for or in relation to an act done or omitted in good faith in performance or purported performance of the duty imposed by subsection (1) or (2). (4) A carrier is not liable to an action or other proceeding for damages for or in relation to an act done or omitted in good faith: (a) in performance or purported performance of the duty imposed by subsection (1) or (2); or (b) in compliance or purported compliance with a condition of a general telecommunications licence or public mobile licence held by the carrier, being: (i) a condition that is expressed to have the purpose of giving effect to subsection (1) or (2); or (ii) a condition of the kind referred to in paragraph 63(4)(m); or (c) in compliance or purported compliance with a direction that AUSTEL has given in good faith: (i) in performance or purported performance of the duty imposed by subsection (1) or (2); or (ii) under a condition of the kind referred to in paragraph 63(4)(m). (5) A person who supplies eligible services is not liable to an action or other proceeding for damages for or in relation to an act done or omitted in good faith: (a) in performance or purported performance of the duty imposed by subsection (1) or (2); or (b) in compliance or purported compliance with a condition included in a class licence under which the person supplies eligible services, being a condition that is expressed to have the purpose of giving effect to subsection (1) or (2); or (c) in compliance or purported compliance with a direction that AUSTEL has given in good faith: (i) in performance or purported performance of the duty imposed by subsection (1) or (2); or (ii) under a condition of a kind referred to in paragraph (b) of this subsection. (6) An officer, employee or agent of AUSTEL, of a carrier, or of a person who supplies eligible services, is not liable to an action or other proceeding for damages for or in relation to an act done or omitted in good faith in connection with an act done or omitted by AUSTEL, the carrier, or the person, as mentioned in subsection (3), (4) or (5), as the case may be. (7) Nothing in this section limits the generality of anything else in it.