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TELECOMMUNICATIONS ACT 1997 - SECT 317T

Technical capability notices

  (1)   The Attorney - General may, in accordance with a request made by the Director - General of Security or the chief officer of an interception agency, give a designated communications provider a written notice, to be known as a technical capability notice, that requires the provider to do one or more specified acts or things that:

  (a)   are in connection with any or all of the eligible activities of the provider; and

  (b)   are covered by subsection   (2).

Note:   Section   317ZK deals with the terms and conditions on which such a requirement is to be complied with.

  (2)   The specified acts or things must:

  (a)   be directed towards ensuring that the designated communications provider is capable of giving listed help to ASIO, or an interception agency, in relation to:

  (i)   the performance of a function, or the exercise of a power, conferred by or under a law of the Commonwealth, a State or a Territory, so far as the function or power relates to a relevant objective; or

  (ii)   a matter that facilitates, or is ancillary or incidental to, a matter covered by subparagraph   (i); or

  (b)   be by way of giving help to ASIO, or an interception agency, in relation to:

  (i)   the performance of a function, or the exercise of a power, conferred by or under a law of the Commonwealth, a State or a Territory, so far as the function or power relates to a relevant objective; or

  (ii)   a matter that facilitates, or is ancillary or incidental to, a matter covered by subparagraph   (i).

Relevant objective

  (3)   For the purposes of this section, relevant objective means:

  (a)   enforcing the criminal law, so far as it relates to serious Australian offences; or

  (b)   assisting the enforcement of the criminal laws in force in a foreign country, so far as those laws relate to serious foreign offences; or

  (c)   safeguarding national security.

Listed help

  (4)   For the purposes of the application of this section to a designated communications provider, if one or more acts or things done by the provider:

  (a)   are by way of giving help to ASIO or an interception agency; and

  (b)   are in connection with any or all of the eligible activities of the provider; and

  (c)   consist of either or both of the following:

  (i)   one or more listed acts or things (other than an act or thing covered by paragraph   317E(1)(a));

  (ii)   one or more acts or things of a kind determined under subsection   (5);

that help is listed help .

Note:   For listed acts or things , see section   317E.

  (5)   The Home Affairs Minister may, by legislative instrument, determine one or more kinds of acts or things for the purposes of subparagraph   (4)(c)(ii).

  (6)   In making a determination under subsection   (5), the Home Affairs Minister must have regard to the following matters:

  (a)   the interests of law enforcement;

  (b)   the interests of national security;

  (c)   the objects of this Act;

  (d)   the likely impact of the determination on designated communications providers;

  (e)   such other matters (if any) as the Home Affairs Minister considers relevant.

Listed acts or things

  (7)   The acts or things specified in a technical capability notice given to a designated communications provider in accordance with paragraph   (2)(b) must be listed acts or things, so long as those acts or things:

  (a)   are in connection with any or all of the eligible activities of the provider; and

  (b)   are covered by subsection   (2), so far as that subsection relates to paragraph   (2)(b).

Applicable costs negotiator

  (12)   A technical capability notice must specify a person as the applicable costs negotiator for the notice.

Note:   See section   317ZK.

  (13)   A person may be specified under subsection   (12):

  (a)   by name; or

  (b)   as any person from time to time holding, occupying, or performing the duties of, a specified office or position.


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