Industry assistance Schedule 1 Amendments Part 1 1 317X Variation of technical capability notices (1) If a technical capability notice has been given to a designated communications provider, the Attorney-General may, by written notice given to the provider, vary the notice. 2 3 4 5 Acts or things specified in a varied technical capability notice 6 (2) The acts or things specified in a varied technical capability notice must be: (a) in connection with any or all of the eligible activities of the designated communications provider concerned; and (b) covered by subsection 317T(2). 7 8 9 10 (3) The acts or things that may be specified in a varied technical capability notice in accordance with paragraph 317T(2)(b) include (but are not limited to) listed acts or things, so long as those acts or things: (a) are in connection with any or all of the eligible activities of the designated communications provider concerned; and (b) are covered by subsection 317T(2), so far as that subsection relates to paragraph 317T(2)(b). 11 12 13 14 15 16 17 18 19 Note: For listed acts or things, see section 317E. 20 Decision-making criteria (4) The Attorney-General must not vary a technical capability notice unless the Attorney-General is satisfied that: (a) the requirements imposed by the varied notice are reasonable and proportionate; and (b) compliance with the varied notice is: (i) practicable; and (ii) technically feasible. 21 22 23 24 25 26 27 Note: 28 No. , 2018 See also section 317ZAA. Telecommunications and Other Legislation Amendment (Assistance and Access) Bill 2018 39

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