Schedule 1 Industry assistance Part 1 Amendments (3) A failure to comply with a determination under subsection (1) does not affect the validity of a technical capability notice. 1 2 (4) A determination under subsection (1) is not a legislative instrument. 3 4 5 317T Technical capability notices (1) The Attorney-General may, in accordance with a request made by the Director-General of Security or the chief officer of an interception agency, give a designated communications provider a written notice, to be known as a technical capability notice, that requires the provider to do one or more specified acts or things that: (a) are in connection with any or all of the eligible activities of the provider; and (b) are covered by subsection (2). 6 7 8 9 10 11 12 13 14 Note: 15 16 Section 317ZK deals with the terms and conditions on which such a requirement is to be complied with. (2) The specified acts or things must: (a) be directed towards ensuring that the designated communications provider is capable of giving listed help to ASIO, or an interception agency, in relation to: (i) the performance of a function, or the exercise of a power, conferred by or under a law of the Commonwealth, a State or a Territory, so far as the function or power relates to a relevant objective; or (ii) a matter that facilitates, or is ancillary or incidental to, a matter covered by subparagraph (i); or (b) be by way of giving help to ASIO, or an interception agency, in relation to: (i) the performance of a function, or the exercise of a power, conferred by or under a law of the Commonwealth, a State or a Territory, so far as the function or power relates to a relevant objective; or (ii) a matter that facilitates, or is ancillary or incidental to, a matter covered by subparagraph (i). 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 32 Telecommunications and Other Legislation Amendment (Assistance and Access) Bill 2018 No. , 2018