Terms of Reference

As a statutory review of the operation of Part 14 of the Telecommunications Act 1997, this review does not have explicit terms of reference. The review looks at Part 14 of the Act, to the extent that it was amended by the Telecommunications and Other Legislation Amendment Act 2017—Telecommunications Sector Security Reforms.

The reforms commenced on 18 September 2018 and established a regulatory framework to manage the national security risks of espionage, sabotage and foreign interference to Australia’s telecommunications networks and facilities.
In recommending this statutory review as part of the original 2016 Bill inquiry, the Committee recommended that this review focus on the operation, effectiveness and implications of the reforms introduced by the Bill. The scope of the review should include:
the security of critical and sensitive data,
the adequacy of information-sharing arrangements between government and industry, and
the adequacy and effectiveness of the administrative guidelines in providing clarity to industry on how it can demonstrate compliance with the requirements set out in the Bill.
These requirements are reflected in section 315K of the Telecommunications Act 1997 which requires the conduct of this review.

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