Commonwealth Consolidated Acts

TELECOMMUNICATIONS ACT 1997 - SECT 317RA

    In considering whether the requirements imposed by a technical assistance notice or a varied technical assistance notice are reasonable and proportionate, the Director - General of Security or the chief officer of an interception agency, as the case requires, must have regard to the following matters:

  (a)   the interests of national security;

  (b)   the interests of law enforcement;

  (c)   the legitimate interests of the designated communications provider to whom the notice relates;

  (d)   the objectives of the notice;

  (e)   the availability of other means to achieve the objectives of the notice;

  (ea)   whether the requirements, when compared to other forms of industry assistance known to the Director - General of Security or the chief officer, as the case requires, are the least intrusive form of industry assistance so far as the following persons are concerned:

  (i)   persons whose activities are not of interest to ASIO;

  (ii)   persons whose activities are not of interest to interception agencies;

  (eb)   whether the requirements are necessary;

  (f)   the legitimate expectations of the Australian community relating to privacy and cybersecurity;

  (g)   such other matters (if any) as the Director - General of Security or the chief officer, as the case requires, considers relevant.