Industry assistance Schedule 1
Amendments Part 1
1
317Z Revocation of technical capability notices
(1) If a technical capability notice has been given to a person, the
Attorney-General may, by written notice given to the person,
revoke the notice.
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(2) If a technical capability notice has been given to a person, and the
Attorney-General is satisfied that:
(a) the requirements imposed by the notice are not reasonable
and proportionate; or
(b) compliance with the notice is not:
(i) practicable; and
(ii) technically feasible;
the Attorney-General must, by written notice given to the person,
revoke the notice.
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317ZAA Whether requirements imposed by a technical capability
notice are reasonable and proportionate
In considering whether the requirements imposed by a technical
capability notice or a varied technical capability notice are
reasonable and proportionate, the Attorney-General 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 Attorney-General considers
relevant.
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No.
, 2018
Telecommunications and Other Legislation Amendment (Assistance
and Access) Bill 2018
41
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