Commonwealth Consolidated Acts

TELECOMMUNICATIONS ACT 1997 - SECT 317H

  (1)   A technical assistance request may be given:

  (a)   orally; or

  (b)   in writing.

  (2)   A technical assistance request must not be given orally unless:

  (a)   an imminent risk of serious harm to a person or substantial damage to property exists; and

  (b)   the technical assistance request is necessary for the purpose of dealing with that risk; and

  (c)   it is not practicable in the circumstances to give the technical assistance request in writing.

  (3)   If a technical assistance request is given orally by:

  (a)   the Director - General of Security; or

  (b)   the Director - General of the Australian Secret Intelligence Service; or

  (c)   the Director - General of the Australian Signals Directorate; or

  (d)   the chief officer of an interception agency;

the Director - General of Security, the Director - General of the Australian Secret Intelligence Service, the Director - General of the Australian Signals Directorate or the chief officer, as the case requires, must:

  (e)   make a written record of the request; and

  (f)   do so within 48 hours after the request was given.

  (4)   If, under subsection   (3):

  (a)   the Director - General of Security; or

  (b)   the Director - General of the Australian Secret Intelligence Service; or

  (c)   the Director - General of the Australian Signals Directorate; or

  (d)   the chief officer of an interception agency;

makes a written record of a technical assistance request, the Director - General of Security, the Director - General of the Australian Secret Intelligence Service, the Director - General of the Australian Signals Directorate or the chief officer, as the case requires, must:

  (e)   give a copy of the record to the designated communications provider concerned; and

  (f)   do so as soon as practicable after the record was made.

  (5)   If, under subsection   (3):

  (a)   the Director - General of Security; or

  (b)   the Director - General of the Australian Secret Intelligence Service; or

  (c)   the Director - General of the Australian Signals Directorate; or

  (d)   the chief officer of an interception agency;

makes a written record of a technical assistance request, the Director - General of Security, the Director - General of the Australian Secret Intelligence Service, the Director - General of the Australian Signals Directorate or the chief officer, as the case requires, must retain the record while the request is in force.