Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Attorney - General may, in accordance with a request made by the Director - General of Security or the chief officer of an interception agency, give a designated communications provider a written notice, to be known as a technical capability notice, that requires the provider to do one or more specified acts or things that:
(a) are in connection with any or all of the eligible activities of the provider; and
(b) are covered by subsection (2).
Note: Section 317ZK deals with the terms and conditions on which such a requirement is to be complied with.
(2) The specified acts or things must:
(a) be directed towards ensuring that the designated communications provider is capable of giving listed help to ASIO, or an interception agency, in relation to:
(i) the performance of a function, or the exercise of a power, conferred by or under a law of the Commonwealth, a State or a Territory, so far as the function or power relates to a relevant objective; or
(ii) a matter that facilitates, or is ancillary or incidental to, a matter covered by subparagraph (i); or
(b) be by way of giving help to ASIO, or an interception agency, in relation to:
(i) the performance of a function, or the exercise of a power, conferred by or under a law of the Commonwealth, a State or a Territory, so far as the function or power relates to a relevant objective; or
(ii) a matter that facilitates, or is ancillary or incidental to, a matter covered by subparagraph (i).
Relevant objective
(3) For the purposes of this section, relevant objective means:
(a) enforcing the criminal law, so far as it relates to serious Australian offences; or
(b) assisting the enforcement of the criminal laws in force in a foreign country, so far as those laws relate to serious foreign offences; or
(c) safeguarding national security.
Listed help
(4) For the purposes of the application of this section to a designated communications provider, if one or more acts or things done by the provider:
(a) are by way of giving help to ASIO or an interception agency; and
(b) are in connection with any or all of the eligible activities of the provider; and
(c) consist of either or both of the following:
(i) one or more listed acts or things (other than an act or thing covered by paragraph 317E(1)(a));
(ii) one or more acts or things of a kind determined under subsection (5);
that help is listed help .
Note: For listed acts or things , see section 317E.
(5) The Home Affairs Minister may, by legislative instrument, determine one or more kinds of acts or things for the purposes of subparagraph (4)(c)(ii).
(6) In making a determination under subsection (5), the Home Affairs Minister must have regard to the following matters:
(a) the interests of law enforcement;
(b) the interests of national security;
(c) the objects of this Act;
(d) the likely impact of the determination on designated communications providers;
(e) such other matters (if any) as the Home Affairs Minister considers relevant.
Listed acts or things
(7) The acts or things specified in a technical capability notice given to a designated communications provider in accordance with paragraph (2)(b) must be 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 provider; and
(b) are covered by subsection (2), so far as that subsection relates to paragraph (2)(b).
Applicable costs negotiator
(12) A technical capability notice must specify a person as the applicable costs negotiator for the notice.
Note: See section 317ZK.
(13) A person may be specified under subsection (12):
(a) by name; or
(b) as any person from time to time holding, occupying, or performing the duties of, a specified office or position.