Commonwealth Consolidated Acts Commonwealth Consolidated ActsDesignated communications provider may request carrying out of assessment
(a) a consultation notice is given to a designated communications provider under subsection 317Y(1) in relation to a proposed variation of a technical capability notice; and
(b) the variation is not of a minor nature;
the provider may, within the time limit specified in the consultation notice, give the Attorney - General a written notice requesting the carrying out of an assessment of whether the technical capability notice as proposed to be varied would contravene section 317ZG.
Attorney - General must appoint assessors
(2) If a designated communications provider gives the Attorney - General a notice under subsection (1) in relation to a technical capability notice as proposed to be varied, the Attorney - General must appoint 2 persons to carry out an assessment of whether the technical capability notice as proposed to be varied would contravene section 317ZG.
(3) For the purposes of this section, the persons appointed under subsection (2) are to be known as the assessors .
(4) One of the assessors must be a person who:
(a) has knowledge that would enable the person to assess whether proposed technical capability notices would contravene section 317ZG; and
(b) is cleared for security purposes to:
(i) the highest level required by staff members of ASIO; or
(ii) such lower level as the Attorney - General approves.
(5) One of the assessors must be a person who:
(a) has served as a judge in one or more prescribed courts for a period of 5 years; and
(b) no longer holds a commission as a judge of a prescribed court.
Assessment and report by assessors
(6) As soon as practicable after being appointed under subsection (2), the assessors must:
(a) carry out an assessment of whether the technical capability notice as proposed to be varied would contravene section 317ZG; and
(b) prepare a report of the assessment; and
(c) give a copy of the report to:
(i) the Attorney - General; and
(ii) the designated communications provider concerned; and
(d) if the acts or things specified in the technical capability notice as proposed to be varied:
(i) are directed towards ensuring that the 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);
give a copy of the report to the Inspector - General of Intelligence and Security; and
(e) if the acts or things specified in the technical capability notice as proposed to be varied:
(i) are directed towards ensuring that the 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);
give a copy of the report to the Commonwealth Ombudsman.
(7) In carrying out an assessment under paragraph (6)(a) in relation to a technical capability notice as proposed to be varied, the assessors must consult:
(a) the designated communications provider concerned; and
(b) if the acts or things specified in the technical capability notice as proposed to be varied:
(i) are directed towards ensuring that the 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 Director - General of Security; and
(c) if the acts or things specified in the technical capability notice as proposed to be varied:
(i) are directed towards ensuring that the 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 chief officer of the interception agency.
(a) the assessors have begun to carry out an assessment under paragraph (6)(a) in relation to the technical capability notice as proposed to be varied; and
(b) the designated communications provider concerned informs the Attorney - General that the provider no longer wants the assessment to be carried out;
(c) the Attorney - General must direct the assessors to cease carrying out the assessment; and
(d) the assessors must comply with the direction.
(a) the assessors have begun to carry out an assessment under paragraph (6)(a); and
(b) the Attorney - General withdraws the proposed variation of the technical capability notice concerned;
(c) the Attorney - General must direct the assessors to cease carrying out the assessment; and
(d) the assessors must comply with the direction.
Attorney - General must have regard to the report of the assessment
(a) a notice is given under subsection (1) in relation to a proposed variation of a technical capability notice; and
(b) a copy of the report relating to the technical capability notice as proposed to be varied is given to the Attorney - General under subsection (6);
the Attorney - General, in considering whether to proceed to vary the technical capability notice, must have regard to the copy of the report.
Technical capability notice information
(11) For the purposes of this Part:
(a) information about the carrying out of an assessment under subsection (6); or
(b) information contained in a report prepared under subsection (6);
is taken to be information about consultation relating to the variation of a technical capability notice.
(12) For the purposes of this section, prescribed court means:
(b) the Federal Court of Australia; or
(c) the Supreme Court of a State or Territory; or
(d) the District Court (or equivalent) of a State or Territory.