Industry assistance Schedule 1
Amendments Part 1
(i) practicable; and
(ii) technically feasible;
the chief officer must, by written notice given to the person, revoke
the notice.
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317RA Whether requirements imposed by a technical assistance
notice are reasonable and proportionate
In considering whether the requirements imposed by a technical
assistance notice or a varied technical assistance notice are
reasonable and proportionate, the Director-General of Security 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 notice relates;
(d) the objectives of the notice;
(e) the availability of other means to achieve the objectives of
the notice;
(f) the legitimate expectations of the Australian community
relating to privacy and cybersecurity;
(g) such other matters (if any) as the Director-General of
Security or the chief officer, as the case requires, considers
relevant.
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Division 4—Technical capability notices
317S Attorney-General may determine procedures and
arrangements relating to requests for technical capability
notices
(1) The Attorney-General may, by writing, determine procedures and
arrangements to be followed in relation to the making of requests
for technical capability notices.
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(2) A procedure or arrangement determined under subsection (1) may
require that the agreement of a person or body must be obtained
before a request is made for a technical capability notice.
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No.
, 2018
Telecommunications and Other Legislation Amendment (Assistance
and Access) Bill 2018
31
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