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 the Attorney - General has first:
(a) given the provider a written notice (the consultation notice) :
(i) setting out a proposal to vary the technical capability notice; and
(ii) inviting the provider to make a submission to the Attorney - General on the proposed variation; and
(b) considered any submission that was received within the time limit specified in the consultation notice.
(2) A time limit specified in a consultation notice must run for at least 28 days.
(3) If a technical capability notice has been given to a designated communications provider, the rule in subsection (2) does not apply to a variation of the notice if:
(a) the Attorney - General is satisfied that the technical capability notice should be varied as a matter of urgency; or
(b) compliance with subsection (2) is impracticable; or
(c) the provider waives compliance with subsection (2).
(4) For the purposes of paragraph (3)(c), a designated communications provider may waive compliance:
(a) orally; or
(b) in writing.
(5) If compliance is waived orally by a designated communications provider, the provider must:
(a) make a written record of the waiver; and
(b) do so within 48 hours after the waiver was made.
(6) If, under subsection (5), a designated communications provider makes a written record of the waiver, the provider must:
(a) give a copy of the record to the Attorney - General; and
(b) do so as soon as practicable after the record was made.