Industry assistance Schedule 1 Amendments Part 1 1 2 317W Consultation about a proposal to give a technical capability notice (1) The Attorney-General must not give a technical capability notice to a designated communications provider unless the Attorney-General has first: (a) given the provider a written notice (the consultation notice): (i) setting out a proposal to give the technical capability notice; and (ii) inviting the provider to make a submission to the Attorney-General on the proposed technical capability notice; and (b) considered any submission that was received within the time limit specified in the consultation notice; and (c) considered any copy of a report given to the Attorney-General under subsection (7) within the time limit specified in the consultation notice. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 (2) A time limit specified in a consultation notice must run for at least 28 days. 17 18 (3) The rule in subsection (2) does not apply to a technical capability notice given to a designated communications provider if: (a) the Attorney-General is satisfied that the technical capability notice should be given as a matter of urgency; or (b) compliance with subsection (2) is impracticable; or (c) the provider waives compliance with subsection (2). 19 20 21 22 23 24 (4) For the purposes of paragraph (3)(c), a designated communications provider may waive compliance: (a) orally; or (b) in writing. 25 26 27 28 (5) If compliance is waived orally by a designated communications provider, the provider must: (a) make a written record of the waiver; and (b) do so within 48 hours after the waiver was made. 29 30 31 32 (6) If, under subsection (5), a designated communications provider makes a written record of the waiver, the provider must: 33 34 No. , 2018 Telecommunications and Other Legislation Amendment (Assistance and Access) Bill 2018 37