Schedule 1 Industry assistance Part 1 Amendments 1 2 317Y Consultation about a proposal to vary a technical capability notice (1) If a technical capability notice has been given to a designated communications provider, the Attorney-General must not vary the notice unless the Attorney-General has first: (a) given the provider a written notice (the consultation notice): (i) setting out a proposal to vary the technical capability notice; and (ii) inviting the provider to make a submission to the Attorney-General on the proposed variation; and (b) considered any submission that was received within the time limit specified in the consultation notice. 3 4 5 6 7 8 9 10 11 12 (2) A time limit specified in a consultation notice must run for at least 28 days. 13 14 (3) If a technical capability notice has been given to a designated communications provider, the rule in subsection (2) does not apply to a variation of the notice if: (a) the Attorney-General is satisfied that the technical capability notice should be varied as a matter of urgency; or (b) compliance with subsection (2) is impracticable; or (c) the provider waives compliance with subsection (2). 15 16 17 18 19 20 21 (4) For the purposes of paragraph (3)(c), a designated communications provider may waive compliance: (a) orally; or (b) in writing. 22 23 24 25 (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. 26 27 28 29 (6) If, under subsection (5), a designated communications provider makes a written record of the waiver, the provider must: (a) give a copy of the record to the Attorney-General; and (b) do so as soon as practicable after the record was made. 30 31 32 33 40 Telecommunications and Other Legislation Amendment (Assistance and Access) Bill 2018 No. , 2018