Commonwealth Consolidated Acts

TELECOMMUNICATIONS ACT 1997 - SECT 317MA

  (1)   A technical assistance notice:

  (a)   comes in force:

  (i)   when it is given; or

  (ii)   if a later time is specified in the notice--at that later time; and

  (b)   unless sooner revoked, remains in force:

  (i)   if an expiry date is specified in the notice--until the start of the expiry date; or

  (ii)   otherwise--at end of the 90 - day period beginning when the notice was given.

  (1A)   An expiry date specified in a technical assistance notice must not be later than 12 months after the notice was given.

  (1B)   Paragraph   (1)(b) has effect subject to subsections   (1C) and (1D).

  (1C)   If the Director - General of Security has given a technical assistance notice to a designated communications provider, the Director - General of Security may, with the agreement of the provider, extend for a further period (not exceeding 12 months) or further periods (not exceeding 12 months in each case) the period for which the technical assistance notice is in force.

  (1D)   If the chief officer of an interception agency has given a technical assistance notice to a designated communications provider, the chief officer may, with the agreement of the provider, extend for a further period (not exceeding 12 months) or further periods (not exceeding 12 months in each case) the period for which the technical assistance notice is in force.

  (1E)   If the Director - General of Security extends the period for which a technical assistance notice is in force, the Director - General of Security must, within 7 days after extending the period, notify the Inspector - General of Intelligence and Security of the extension.

  (1F)   If the chief officer of an interception agency extends the period for which a technical assistance notice is in force, the chief officer must, within 7 days after extending the period, notify the Commonwealth Ombudsman of the extension.

  (1G)   A failure to comply with subsection   (1E) or (1F) does not affect the validity of an extension of a technical assistance notice.

  (2)   If a technical assistance notice expires, this Part does not prevent the giving of a fresh technical assistance notice in the same terms as the expired technical assistance notice.