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TELECOMMUNICATIONS ACT 1997 - SECT 317L

Technical assistance notices

  (1)   The Director - General of Security or the chief officer of an interception agency may give a designated communications provider a notice, to be known as a technical assistance notice, that requires the provider to do one or more specified acts or things that:

  (a)   are in connection with any or all of the eligible activities of the provider; and

  (b)   are covered by subsection   (2).

Note:   Section   317ZK deals with the terms and conditions on which such a requirement is to be complied with.

  (2)   The specified acts or things must be by way of giving help to:

  (a)   in a case where the technical assistance notice is given by the Director - General of Security--ASIO; or

  (b)   in a case where the technical assistance notice is given by the chief officer of an interception agency--the agency;

in relation to:

  (c)   the performance of a function, or the exercise of a power, conferred by or under a law of the Commonwealth, a State or a Territory, so far as the function or power relates to:

  (i)   enforcing the criminal law, so far as it relates to serious Australian offences; or

  (ii)   assisting the enforcement of the criminal laws in force in a foreign country, so far as those laws relate to serious foreign offences; or

  (iii)   safeguarding national security; or

  (d)   a matter that facilitates, or is ancillary or incidental to, a matter covered by paragraph   (c).

  (2A)   The specified acts or things must not be directed towards ensuring that a designated communications provider is capable of giving help to ASIO or an interception agency.

Listed acts or things

  (3)   The acts or things specified in a technical assistance notice given to a designated communications provider 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 provider; and

  (b)   are covered by subsection   (2).

Note:   For listed acts or things , see section   317E.



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