Commonwealth Consolidated Acts

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TELECOMMUNICATIONS ACT 1997 - SECT 317M

Form of technical assistance notice

  (1)   A technical assistance notice may be given:

  (a)   orally; or

  (b)   in writing.

  (2)   A technical assistance notice 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 notice is necessary for the purpose of dealing with that risk; and

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

  (3)   If a technical assistance notice is given orally by the Director - General of Security or the chief officer of an interception agency, the Director - General of Security or the chief officer, as the case requires, must:

  (a)   make a written record of the notice; and

  (b)   do so within 48 hours after the notice was given.

  (4)   If, under subsection   (3), the Director - General of Security or the chief officer of an interception agency makes a written record of a technical assistance notice, the Director - General of Security or the chief officer, as the case requires, must:

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

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

  (5)   If, under subsection   (3), the Director - General of Security or the chief officer of an interception agency makes a written record of a technical assistance notice, the Director - General of Security or the chief officer, as the case requires, must retain the record while the notice is in force.


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