Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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.
Acts or things specified in a varied technical capability notice
(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).
(3) The acts or things specified in a varied technical capability notice in accordance with paragraph 317T(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 designated communications provider concerned; and
(b) are covered by subsection 317T(2), so far as that subsection relates to paragraph 317T(2)(b).
Note: For listed acts or things , see section 317E.
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.
Note: See also section 317ZAA.
Variation must not extend duration of technical capability notice
(5) A variation of a technical capability notice must not extend the period for which the notice is in force.
Notification obligations
(6) If:
(a) the Attorney - General varies a technical capability notice; and
(b) the acts or things specified in the varied notice:
(i) are directed towards ensuring that a designated communications provider is capable of giving listed help (within the meaning of section 317T) to ASIO in relation to a matter covered by paragraph 317T(2)(a); or
(ii) are by way of giving help to ASIO in relation to a matter covered by paragraph 317T(2)(b);
the Attorney - General must, within 7 days after varying the notice, notify the Inspector - General of Intelligence and Security that the notice has been varied.
(7) If:
(a) the Attorney - General varies a technical capability notice; and
(b) the acts or things specified in the varied notice:
(i) are directed towards ensuring that a designated communications provider is capable of giving listed help (within the meaning of section 317T) to an interception agency in relation to a matter covered by paragraph 317T(2)(a); or
(ii) are by way of giving help to an interception agency in relation to a matter covered by paragraph 317T(2)(b);
the Attorney - General must, within 7 days after varying the notice, notify the Commonwealth Ombudsman that the notice has been varied.
(8) A failure to comply with subsection (6) or (7) does not affect the validity of a variation of a technical capability notice.