Schedule 1 Industry assistance
Part 1 Amendments
(8) If the Director-General of the Australian Signals Directorate
revokes a technical assistance request, the Director-General of the
Australian Signals Directorate must, within 7 days after revoking
the request, notify the Inspector-General of Intelligence and
Security that the request has been revoked.
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(9) If the chief officer of an interception agency revokes a technical
assistance request, the chief officer must, within 7 days after
revoking the request, notify the Commonwealth Ombudsman that
the request has been revoked.
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(10) A failure to comply with subsection (6), (7), (8) or (9) does not
affect the validity of a revocation of a technical assistance request.
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317JC Whether a technical assistance request is reasonable and
proportionate
In considering whether a technical assistance request or a varied
technical assistance request is reasonable and proportionate, the
Director-General of Security, the Director-General of the
Australian Secret Intelligence Service, the Director-General of the
Australian Signals Directorate or the chief officer of an
interception agency, as the case requires, must have regard to the
following matters:
(a) the interests of national security;
(b) the interests of law enforcement;
(c) the legitimate interests of the designated communications
provider to whom the request relates;
(d) the objectives of the request;
(e) the availability of other means to achieve the objectives of
the request;
(f) whether the request, when compared to other forms of
industry assistance known to the Director-General of
Security, the Director-General of the Australian Secret
Intelligence Service, the Director-General of the Australian
Signals Directorate or the chief officer, as the case requires,
is the least intrusive form of industry assistance so far as the
following persons are concerned:
(i) persons whose activities are not of interest to ASIO;
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Telecommunications and Other Legislation Amendment (Assistance
and Access) Bill 2018
No.
, 2018
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