Commonwealth Consolidated Acts

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TELECOMMUNICATIONS ACT 1997 - SECT 317Z

Revocation of technical capability notices

  (1)   If a technical capability notice has been given to a person, the Attorney - General may, by written notice given to the person, revoke the notice.

  (2)   If a technical capability notice has been given to a person, and the Attorney - General is satisfied that:

  (a)   the requirements imposed by the notice are not reasonable and proportionate; or

  (b)   compliance with the notice is not:

  (i)   practicable; and

  (ii)   technically feasible;

the Attorney - General must, by written notice given to the person, revoke the notice.

Notification obligations

  (3)   If:

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

  (b)   the acts or things specified in the revoked 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7 days after revoking the notice, notify the Inspector - General of Intelligence and Security that the notice has been revoked.

  (4)   If:

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

  (b)   the acts or things specified in the revoked 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Attorney - General must, within 7 days after revoking the notice, notify the Commonwealth Ombudsman that the notice has been revoked.

  (5)   A failure to comply with subsection   (3) or (4) does not affect the validity of a revocation of a technical capability notice.


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