Commonwealth Consolidated Acts

TELECOMMUNICATIONS ACT 1997 - SECT 317X

  (1)   If a technical capability notice has been given to a designated communications provider, the Attorney - General may, by written notice given to the provider, vary the notice.

Acts or things specified in a varied technical capability notice

  (2)   The acts or things specified in a varied technical capability notice must be:

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

  (b)   covered by subsection   317T(2).

  (3)   The acts or things specified in a varied technical capability notice in accordance with paragraph   317T(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 designated communications provider concerned; and

  (b)   are covered by subsection   317T(2), so far as that subsection relates to paragraph   317T(2)(b).

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

Decision - making criteria

  (4)   The Attorney - General must not vary a technical capability notice unless the Attorney - General is satisfied that:

  (a)   the requirements imposed by the varied notice are reasonable and proportionate; and

  (b)   compliance with the varied notice is:

  (i)   practicable; and

  (ii)   technically feasible.

Note:   See also section   317ZAA.

Variation must not extend duration of technical capability notice

  (5)   A variation of a technical capability notice must not extend the period for which the notice is in force.

Notification obligations

  (6)   If:

  (a)   the Attorney - General varies a technical capability notice; and

  (b)   the acts or things specified in the varied 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 varying the notice, notify the Inspector - General of Intelligence and Security that the notice has been varied.

  (7)   If:

  (a)   the Attorney - General varies a technical capability notice; and

  (b)   the acts or things specified in the varied 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 varying the notice, notify the Commonwealth Ombudsman that the notice has been varied.

  (8)   A failure to comply with subsection   (6) or (7) does not affect the validity of a variation of a technical capability notice.