Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A technical assistance request that relates to an agency, or a technical assistance notice that relates to an agency, or a technical capability notice that relates to an agency, has no effect to the extent (if any) to which it would request or require a designated communications provider to do an act or thing for which the agency, or an officer of the agency, would be required to have or obtain a warrant or authorisation under any of the following laws:
(a) the Telecommunications (Interception and Access) Act 1979 ;
(b) the Surveillance Devices Act 2004 ;
(c) the Crimes Act 1914 ;
(d) the Australian Security Intelligence Organisation Act 1979 ;
(f) a law of the Commonwealth (other than this Part) that is not covered by paragraph (a), (b), (c) or (d);
(g) a law of a State or Territory.
(2) For the purposes of subsection (1):
(a) assume that each law mentioned in that subsection applied both within and outside Australia; and
(b) assume that each reference in Part 13 to a carriage service provider included a reference to a designated communications provider.
(3) A technical assistance request, technical assistance notice or technical capability notice has no effect to the extent (if any) to which it would request or require a designated communications provider to:
(a) use a surveillance device (within the meaning of the Surveillance Devices Act 2004 ); or
(b) access data held in a computer (within the meaning of the Surveillance Devices Act 2004 );
if a law of a State or Territory requires a warrant or authorisation for that use or access.
(4) To avoid doubt, subsection (1) or (3) does not prevent a technical assistance request, technical assistance notice or technical capability notice from requesting or requiring a designated communications provider to do an act or thing by way of giving help to:
(a) ASIO; or
(b) an interception agency;
in relation to:
(ca) in the case of a technical assistance request--a matter covered by subparagraph 317G(2)(b)(v) or (vi); or
(c) in the case of a technical assistance notice--a matter covered by paragraph 317L(2)(c) or (d); or
(d) in the case of a technical capability notice--a matter covered by subparagraph 317T(2)(b)(i) or (ii);
if the doing of the act or thing would:
(e) assist in, or facilitate, giving effect to a warrant or authorisation under a law of the Commonwealth, a State or a Territory; or
(f) give effect to a warrant or authorisation under a law of the Commonwealth.
(5) To avoid doubt, subsection (1) or (3) does not prevent a technical capability notice from requiring a designated communications provider to do an act or thing directed towards ensuring that the provider is capable of giving listed help (within the meaning of section 317T) to:
(a) ASIO; or
(b) an interception agency;
in relation to a matter covered by subparagraph 317T(2)(a)(i) or (ii), if the doing of the act or thing would:
(c) assist in, or facilitate, giving effect to a warrant or authorisation under a law of the Commonwealth, a State or a Territory; or
(d) give effect to a warrant or authorisation under a law of the Commonwealth.
Interpretation
(6) For the purposes of this section, a technical assistance request relates to an agency if:
(a) if the agency is ASIO--the request was given by the Director - General of Security; or
(b) if the agency is the Australian Secret Intelligence Service--the request was given by the Director - General of the Australian Secret Intelligence Service; or
(c) if the agency is the Australian Signals Directorate--the request was given by the Director - General of the Australian Signals Directorate; or
(d) if the agency is an interception agency--the request was given by the chief officer of the interception agency.
(7) For the purposes of this section, a technical assistance notice relates to an agency if:
(a) if the agency is ASIO--the notice was given by the Director - General of Security; or
(b) if the agency is an interception agency--the notice was given by the chief officer of the interception agency.
(8) For the purposes of this section, a technical capability notice relates to an agency if:
(a) if the agency is ASIO--the acts or things specified in the notice:
(i) are directed towards ensuring that a designated communications provider is capable of giving listed help (within the meaning of section 317T) to ASIO in relation to a matter covered by paragraph 317T(2)(a); or
(ii) are by way of giving help to ASIO in relation to a matter covered by paragraph 317T(2)(b); or
(b) if the agency is an interception agency--the acts or things specified in the notice:
(i) are directed towards ensuring that a designated communications provider is capable of giving listed help (within the meaning of section 317T) to the interception agency in relation to a matter covered by paragraph 317T(2)(a); or
(ii) are by way of giving help to the interception agency in relation to a matter covered by paragraph 317T(2)(b).
(9) For the purposes of this section, agency means:
(a) ASIO; or
(b) the Australian Secret Intelligence Service; or
(c) the Australian Signals Directorate; or
(d) an interception agency.
(10) For the purposes of this section, officer of an agency means:
(a) if the agency is ASIO:
(i) the Director - General of Security; or
(ii) an ASIO employee; or
(b) if the agency is the Australian Secret Intelligence Service:
(i) the Director - General of the Australian Secret Intelligence Service; or
(ii) a staff member of the Australian Secret Intelligence Service; or
(c) if the agency is the Australian Signals Directorate:
(i) the Director - General of the Australian Signals Directorate; or
(ii) a staff member of the Australian Signals Directorate; or
(d) if the agency is an interception agency:
(i) the chief officer of the interception agency; or
(ii) an officer of the interception agency.