Commonwealth Consolidated Acts

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TELECOMMUNICATIONS ACT 1997 - SECT 317JB

Revocation of technical assistance requests

  (1)   If a technical assistance request has been given to a person by the Director - General of Security, the Director - General of Security may, by written notice given to the person, revoke the request.

  (1A)   If a technical assistance request has been given to a person by the Director - General of Security, and the Director - General of Security is satisfied that:

  (a)   the request is not reasonable and proportionate; or

  (b)   compliance with the request is not:

  (i)   practicable; and

  (ii)   technically feasible;

the Director - General of Security must, by written notice given to the person, revoke the request.

  (2)   If a technical assistance request has been given to a person by the Director - General of the Australian Secret Intelligence Service, the Director - General of the Australian Secret Intelligence Service may, by written notice given to the person, revoke the request.

  (2A)   If a technical assistance request has been given to a person by the Director - General of the Australian Secret Intelligence Service, and the Director - General of the Australian Secret Intelligence Service is satisfied that:

  (a)   the request is not reasonable and proportionate; or

  (b)   compliance with the request is not:

  (i)   practicable; and

  (ii)   technically feasible;

the Director - General of the Australian Secret Intelligence Service must, by written notice given to the person, revoke the request.

  (3)   If a technical assistance request has been given to a person by the Director - General of the Australian Signals Directorate, the Director - General of the Australian Signals Directorate may, by written notice given to the person, revoke the request.

  (3A)   If a technical assistance request has been given to a person by the Director - General of the Australian Signals Directorate, and the Director - General of the Australian Signals Directorate is satisfied that:

  (a)   the request is not reasonable and proportionate; or

  (b)   compliance with the request is not:

  (i)   practicable; and

  (ii)   technically feasible;

the Director - General of the Australian Signals Directorate must, by written notice given to the person, revoke the request.

  (4)   If a technical assistance request has been given to a person by the chief officer of an interception agency, the chief officer may, by written notice given to the person, revoke the request.

  (5)   If a technical assistance request has been given to a person by the chief officer of an interception agency, and the chief officer is satisfied that:

  (a)   the request is not reasonable and proportionate; or

  (b)   compliance with the request is not:

  (i)   practicable; and

  (ii)   technically feasible;

the chief officer must, by written notice given to the person, revoke the request.

Notification obligations

  (6)   If the Director - General of Security revokes a technical assistance request, the Director - General of Security must, within 7 days after revoking the request, notify the Inspector - General of Intelligence and Security that the request has been revoked.

  (7)   If the Director - General of the Australian Secret Intelligence Service revokes a technical assistance request, the Director - General of the Australian Secret Intelligence Service must, within 7 days after revoking the request, notify the Inspector - General of Intelligence and Security that the request has been revoked.

  (8)   If the Director - General of the Australian Signals Directorate revokes a technical assistance request, the Director - General of the Australian Signals Directorate must, within 7 days after revoking the request, notify the Inspector - General of Intelligence and Security that the request has been revoked.

  (9)   If the chief officer of an interception agency revokes a technical assistance request, the chief officer must, within 7 days after revoking the request, notify the Commonwealth Ombudsman that the request has been revoked.

  (10)   A failure to comply with subsection   (6), (7), (8) or (9) does not affect the validity of a revocation of a technical assistance request.



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