Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If a technical capability notice has been given to a designated communications provider, the Attorney - General must not vary the notice unless:
(a) both:
(i) the Attorney - General has given the Minister a written notice setting out a proposal to vary the technical capability notice; and
(ii) the Minister has approved the variation of the technical capability notice; or
(b) the provider has waived compliance with subsection 317Y(2) in relation to the variation of the technical capability notice.
(2) An approval under subparagraph (1)(a)(ii) may be given:
(a) orally; or
(b) in writing.
(3) If an approval under subparagraph (1)(a)(ii) 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 vary 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 variation of the technical capability notice, the Minister must have regard to the following matters:
(a) the objectives of the notice as proposed to be varied;
(b) the legitimate interests of the designated communications provider to whom the notice relates;
(c) the impact of the notice as proposed to be varied 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.