Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A technical capability 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 180 - day period beginning when the notice was given.
(1A) An expiry date specified in a technical capability notice must not be later than 12 months after the notice was given.
(1B) Paragraph (1)(b) has effect subject to subsection (1C).
(1C) If the Attorney - General has given a technical capability notice to a designated communications provider, the Attorney - General 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 capability notice is in force.
(1D) If:
(a) the Attorney - General extends the period for which a technical capability notice is in force; and
(b) the acts or things specified in the notice:
(i) are directed towards ensuring that a designated communications provider is capable of giving listed help (within the meaning of section 317T) to ASIO in relation to a matter covered by paragraph 317T(2)(a); or
(ii) are by way of giving help to ASIO in relation to a matter covered by paragraph 317T(2)(b);
the Attorney - General must, within 7 days after extending the period, notify the Inspector - General of Intelligence and Security of the extension.
(1E) If:
(a) the Attorney - General extends the period for which a technical capability notice is in force; and
(b) the acts or things specified in the notice:
(i) are directed towards ensuring that a designated communications provider is capable of giving listed help (within the meaning of section 317T) to an interception agency in relation to a matter covered by paragraph 317T(2)(a); or
(ii) are by way of giving help to an interception agency in relation to a matter covered by paragraph 317T(2)(b);
the Attorney - General must, within 7 days after extending the period, notify the Commonwealth Ombudsman of the extension.
(1F) A failure to comply with subsection (1D) or (1E) does not affect the validity of an extension of a technical capability notice.
(2) If a technical capability notice expires, this Part does not prevent the giving of a fresh technical capability notice in the same terms as the expired technical capability notice.