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TELECOMMUNICATIONS ACT 1997 - SECT 317TAAA

Approval of technical capability notice

  (1)   The Attorney - General must not give a technical capability notice to a designated communications provider unless:

  (a)   the Attorney - General has given the Minister a written notice setting out a proposal to give the technical capability notice; and

  (b)   the Minister has approved the giving of the technical capability notice.

  (2)   An approval under paragraph   (1)(b) may be given:

  (a)   orally; or

  (b)   in writing.

  (3)   If an approval under paragraph   (1)(b) is given orally, the Minister must:

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

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

  (4)   The Attorney - General may make a representation to the Minister about the proposal to give the technical capability notice.

  (5)   A representation may deal with:

  (a)   any of the matters set out in section   317ZAA; and

  (b)   such other matters (if any) as the Attorney - General considers relevant.

  (6)   In considering whether to approve the giving of the technical capability notice, the Minister must have regard to the following matters:

  (a)   the objectives of the notice;

  (b)   the legitimate interests of the designated communications provider to whom the notice relates;

  (c)   the impact of the notice on the efficiency and international competitiveness of the Australian telecommunications industry;

  (d)   the representation (if any) that was made under subsection   (4);

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


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