Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Attorney - General must not give a technical capability notice to a designated communications provider unless:
(a) the Attorney - General has given the Minister a written notice setting out a proposal to give the technical capability notice; and
(b) the Minister has approved the giving of the technical capability notice.
(2) An approval under paragraph (1)(b) may be given:
(a) orally; or
(b) in writing.
(3) If an approval under paragraph (1)(b) is given orally, the Minister must:
(a) make a written record of the approval; and
(b) do so within 48 hours after the approval was given.
(4) The Attorney - General may make a representation to the Minister about the proposal to give the technical capability notice.
(5) A representation may deal with:
(a) any of the matters set out in section 317ZAA; and
(b) such other matters (if any) as the Attorney - General considers relevant.
(6) In considering whether to approve the giving of the technical capability notice, the Minister must have regard to the following matters:
(a) the objectives of the notice;
(b) the legitimate interests of the designated communications provider to whom the notice relates;
(c) the impact of the notice on the efficiency and international competitiveness of the Australian telecommunications industry;
(d) the representation (if any) that was made under subsection (4);
(e) such other matters (if any) as the Minister considers relevant.