Commonwealth Consolidated Acts

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TELECOMMUNICATIONS ACT 1997 - SECT 317R

Revocation of technical assistance notices

  (1)   If a technical assistance notice has been given to a person by the Director - General of Security, the Director - General of Security may, by written notice given to the person, revoke the notice.

  (2)   If a technical assistance notice has been given to a person by the Director - General of Security, and the Director - General of Security is satisfied that:

  (a)   the requirements imposed by the notice are not reasonable and proportionate; or

  (b)   compliance with the notice is not:

  (i)   practicable; and

  (ii)   technically feasible;

the Director - General of Security must, by written notice given to the person, revoke the notice.

  (3)   If a technical assistance notice has been given to a person by the chief officer of an interception agency, the chief officer may, by written notice given to the person, revoke the notice.

  (4)   If a technical assistance notice has been given to a person by the chief officer of an interception agency, and the chief officer is satisfied that:

  (a)   the requirements imposed by the notice are not reasonable and proportionate; or

  (b)   compliance with the notice is not:

  (i)   practicable; and

  (ii)   technically feasible;

the chief officer must, by written notice given to the person, revoke the notice.

Notification obligations

  (5)   If the Director - General of Security revokes a technical assistance notice, the Director - General of Security must, within 7 days after revoking the notice, notify the Inspector - General of Intelligence and Security that the notice has been revoked.

  (6)   If the chief officer of an interception agency revokes a technical assistance notice, the chief officer must, within 7 days after revoking the notice, notify the Commonwealth Ombudsman that the notice has been revoked.

  (7)   A failure to comply with subsection   (5) or (6) does not affect the validity of a revocation of a technical assistance notice.


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