Industry assistance Schedule 1
Amendments Part 1
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317LA Approval of technical assistance notices given by the chief
officer of an interception agency of a State or Territory
(1) The chief officer of an interception agency of a State or Territory
must not give a technical assistance notice to a designated
communications provider unless:
(a) the chief officer has given the AFP Commissioner a written
notice setting out a proposal to give the technical assistance
notice; and
(b) the AFP Commissioner has approved the giving of the
technical assistance notice.
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(2) An approval under paragraph (1)(b) may be given:
(a) orally; or
(b) in writing.
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(3) If an approval under paragraph (1)(b) is given orally, the AFP
Commissioner must:
(a) make a written record of the approval; and
(b) do so within 48 hours after the approval was given.
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(4) For the purposes of this section, AFP Commissioner means the
Commissioner (within the meaning of the Australian Federal
Police Act 1979).
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317M Form of technical assistance notice
(1) A technical assistance notice may be given:
(a) orally; or
(b) in writing.
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(2) A technical assistance notice must not be given orally unless:
(a) an imminent risk of serious harm to a person or substantial
damage to property exists; and
(b) the technical assistance notice is necessary for the purpose of
dealing with that risk; and
(c) it is not practicable in the circumstances to give the technical
assistance notice in writing.
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No.
, 2018
Telecommunications and Other Legislation Amendment (Assistance
and Access) Bill 2018
37
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