Schedule 1 Industry assistance Part 1 Amendments 1 317P Decision-making criteria 11 The Director-General of Security or the chief officer of an interception agency must not give a technical assistance notice to a designated communications provider unless the Director-General of Security or the chief officer, as the case requires, is satisfied that: (a) the requirements imposed by the notice are reasonable and proportionate; and (b) compliance with the notice is: (i) practicable; and (ii) technically feasible. 12 Note: 2 3 4 5 6 7 8 9 10 13 See also section 317RA. 317Q Variation of technical assistance notices (1) If a technical assistance notice has been given to a designated communications provider by the Director-General of Security, the Director-General of Security may vary the notice. 14 15 16 (2) If a technical assistance notice has been given to a designated communications provider by the chief officer of an interception agency, the chief officer may vary the notice. 17 18 19 Form of variation 20 (3) A variation may be made: (a) orally; or (b) in writing. 21 22 23 (4) A variation must not be made orally unless: (a) an imminent risk of serious harm to a person or substantial damage to property exists; and (b) the variation is necessary for the purpose of dealing with that risk; and (c) it is not practicable in the circumstances to make the variation in writing. 24 25 26 27 28 29 30 28 Telecommunications and Other Legislation Amendment (Assistance and Access) Bill 2018 No. , 2018

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