Electronic
Communications
and Transactions
[ N o . 21 o f 2 0 0 9
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(c) to record that the communication was initiated or completed
in order to protect the service provider or another
service provider in the completion of the communication,
or a user of the service, from fraudulent, unlawful or
abusive use of the service; or
(d) where t h e consent o f t h e user of the service has been
obtained.
7 7 . ( 1 ) A s e r v i c e p r o v i d e r shall e n s u r e that t h e s e r v i c e
provider—
,
i
,
•
i T
,
(a) u s e s e l e c t r o n i c c o m m u n i c a t i o n s s y s t e m s t h a t a r e
technically capable of supporting lawful interceptions in
accordance with this Act;
(b) installs hardware and software facilities and devices to
enable the interception of communications when so
required by a law enforcement officer or under a court
order;
(c) provides services that are capable of rendering real-time
and full-time monitoring facilities for the interception of
communications;
(d) provides all call-related information in real-time or as soon
as possible upon call termination;
(e) p r o v i d e s o n e or m o r e i n t e r f a c e s f r o m w h i c h a n y
intercepted communication shall be transmitted to the
Monitoring Centre;
( ^ t r a n s m i t s intercepted c o m m u n i c a t i o n s to the Monitoring
Centre through fixed or switched connections, as the
case may be; and
(g) p r o v i d e s access to all intercepted subjects o p e r a t i n g
temporarily or permanently within the service provider's
c o m m u n i c a t i o n s systems, and where the interception
subject is using features to divert calls to other service
p r o v i d e r s or t e r m i n a l e q u i p m e n t , a c c e s s to s u c h
otherproviders or equipment.
(2) A service provider who fails to comply with the requirements
of subsection (1) commits an offence and is liable, upon conviction,
to a fine not exceeding five hundred thousand penalty units or to
imprisonment for a period not exceeding five years, or to both.
Assistance
by service
providers
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