Schedule 1 Industry assistance
Part 1 Amendments
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317P Decision-making criteria
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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.
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Note:
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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.
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(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.
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Form of variation
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(3) A variation may be made:
(a) orally; or
(b) in writing.
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(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.
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Telecommunications and Other Legislation Amendment (Assistance
and Access) Bill 2018
No.
, 2018
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