(1) Before giving a technical assistance notice to a designated communications provider, the Director - General of Security or the chief officer of an interception agency, as the case requires, must consult the provider.
(2) The rule in subsection (1) does not apply to a technical assistance notice given to a designated communications provider by the Director - General of Security if:
(a) the Director - General of Security is satisfied that the technical assistance notice should be given as a matter of urgency; or
(b) the provider waives compliance with subsection (1).
(3) The rule in subsection (1) does not apply to a technical assistance notice given to a designated communications provider by the chief officer of an interception agency if:
(a) the chief officer is satisfied that the technical assistance notice should be given as a matter of urgency; or
(b) the provider waives compliance with subsection (1).