Commonwealth Consolidated Acts

TELECOMMUNICATIONS ACT 1997 - SECT 317JC

    In considering whether a technical assistance request or a varied technical assistance request is reasonable and proportionate, 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 of an interception agency, as the case requires, must have regard to the following matters:

  (a)   the interests of national security;

  (b)   the interests of law enforcement;

  (c)   the legitimate interests of the designated communications provider to whom the request relates;

  (d)   the objectives of the request;

  (e)   the availability of other means to achieve the objectives of the request;

  (f)   whether the request, when compared to other forms of industry assistance known to 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, is the least intrusive form of industry assistance so far as the following persons are concerned:

  (i)   persons whose activities are not of interest to ASIO;

  (ii)   persons whose activities are not of interest to the Australian Secret Intelligence Service;

  (iii)   persons whose activities are not of interest to the Australian Signals Directorate;

  (iv)   persons whose activities are not of interest to interception agencies;

  (g)   whether the request is necessary;

  (h)   the legitimate expectations of the Australian community relating to privacy and cybersecurity;

  (i)   such other matters (if any) as 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, considers relevant.