Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If a technical assistance request has been given to a designated communications provider by the Director - General of Security, the Director - General of Security may vary the request.
(2) If a technical assistance request has been given to a designated communications provider by the Director - General of the Australian Secret Intelligence Service, the Director - General of the Australian Secret Intelligence Service may vary the request.
(3) If a technical assistance request has been given to a designated communications provider by the Director - General of the Australian Signals Directorate, the Director - General of the Australian Signals Directorate may vary the request.
(4) If a technical assistance request has been given to a designated communications provider by the chief officer of an interception agency, the chief officer may vary the request.
Form of variation
(5) A variation may be made:
(a) orally; or
(b) in writing.
(6) A variation must not be made orally unless:
(a) an imminent risk of serious harm to a person or substantial damage to property exists; and
(b) the variation is necessary for the purpose of dealing with that risk; and
(c) it is not practicable in the circumstances to make the variation in writing.
(7) If a variation is made orally by:
(a) the Director - General of Security; or
(b) the Director - General of the Australian Secret Intelligence Service; or
(c) the Director - General of the Australian Signals Directorate; or
(d) the chief officer of an interception agency;
the Director - General of Security, the Director - General of the Australian Secret Intelligence Service, the Director - General of the Australian Signals Directorate or the chief officer, as the case requires, must:
(e) make a written record of the variation; and
(f) do so within 48 hours after the variation was made.
(8) If, under subsection (7):
(a) the Director - General of Security; or
(b) the Director - General of the Australian Secret Intelligence Service; or
(c) the Director - General of the Australian Signals Directorate; or
(d) the chief officer of an interception agency;
makes a written record of a variation, the Director - General of Security, the Director - General of the Australian Secret Intelligence Service, the Director - General of the Australian Signals Directorate or the chief officer, as the case requires, must:
(e) give a copy of the record to the designated communications provider concerned; and
(f) do so as soon as practicable after the record was made.
Acts or things specified in a varied technical assistance request
(9) The acts or things specified in a varied technical assistance request must be:
(a) in connection with any or all of the eligible activities of the designated communications provider concerned; and
(b) covered by subsection 317G(2).
(10) The acts or things that may be specified in a varied technical assistance request include (but are not limited to) 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 317G(2).
Note: For listed acts or things , see section 317E.
Decision - making criteria
(11) The Director - General of Security must not vary a technical assistance request unless the Director - General of Security is satisfied that:
(a) the varied request is reasonable and proportionate; and
(b) compliance with the varied request is:
(i) practicable; and
(ii) technically feasible.
Note: See also section 317JC.
(12) The Director - General of the Australian Secret Intelligence Service must not vary a technical assistance request unless the Director - General of the Australian Secret Intelligence Service is satisfied that:
(a) the varied request is reasonable and proportionate; and
(b) compliance with the varied request is:
(i) practicable; and
(ii) technically feasible.
Note: See also section 317JC.
(13) The Director - General of the Australian Signals Directorate must not vary a technical assistance request unless the Director - General of the Australian Signals Directorate is satisfied that:
(a) the varied request is reasonable and proportionate; and
(b) compliance with the varied request is:
(i) practicable; and
(ii) technically feasible.
Note: See also section 317JC.
(14) The chief officer of an interception agency must not vary a technical assistance request unless the chief officer is satisfied that:
(a) the varied request is reasonable and proportionate; and
(b) compliance with the varied request is:
(i) practicable; and
(ii) technically feasible.
Note: See also section 317JC.
Notification obligations
(15) If the Director - General of Security varies a technical assistance request, the Director - General of Security must, within 7 days after varying the request, notify the Inspector - General of Intelligence and Security that the request has been varied.
(16) If the Director - General of the Australian Secret Intelligence Service varies a technical assistance request, the Director - General of the Australian Secret Intelligence Service must, within 7 days after varying the request, notify the Inspector - General of Intelligence and Security that the request has been varied.
(17) If the Director - General of the Australian Signals Directorate varies a technical assistance request, the Director - General of the Australian Signals Directorate must, within 7 days after varying the request, notify the Inspector - General of Intelligence and Security that the request has been varied.
(18) If the chief officer of an interception agency varies a technical assistance request, the chief officer must, within 7 days after varying the request, notify the Commonwealth Ombudsman that the request has been varied.
(19) A failure to comply with subsection (15), (16), (17) or (18) does not affect the validity of a variation of a technical assistance request.