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TELECOMMUNICATIONS ACT 1997 - SECT 317ZKA

Notification obligations

  (1)   If the Director - General of Security makes a declaration under paragraph   317ZK(1)(c), (3)(d) or (6A)(a), the Director - General of Security must, within 7 days after making the declaration, notify the Inspector - General of Intelligence and Security of the making of the declaration.

  (2)   If the chief officer of an interception agency makes a declaration under paragraph   317ZK(1)(d), (3)(e) or (6A)(b), the chief officer must, within 7 days after making the declaration, notify the Commonwealth Ombudsman of the making of the declaration.

  (3)   If:

  (a)   the Attorney - General makes a declaration under paragraph   317ZK(1)(e), (3)(f) or (6A)(c) in relation to a technical capability notice; and

  (b)   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);

the Attorney - General must, within 7 days after making the declaration, notify the Inspector - General of Intelligence and Security of the making of the declaration.

  (4)   If:

  (a)   the Attorney - General makes a declaration under paragraph   317K(1)(e), (3)(f) or (6A)(c) in relation to a technical capability notice; and

  (b)   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 an interception agency in relation to a matter covered by paragraph   317T(2)(a); or

  (ii)   are by way of giving help to an interception agency in relation to a matter covered by paragraph   317T(2)(b);

the Attorney - General must, within 7 days after making the declaration, notify the Commonwealth Ombudsman of the making of the declaration.

  (5)   A failure to comply with subsection   (1), (2), (3) or (4) does not affect the validity of a declaration under:

  (a)   paragraph   317ZK(1)(c); or

  (b)   paragraph   317ZK(1)(d); or

  (c)   paragraph   317ZK(1)(e); or

  (d)   paragraph   317ZK(3)(d); or

  (e)   paragraph   317ZK(3)(e); or

  (f)   paragraph   317ZK(3)(f); or

  (g)   paragraph   317ZK(6A)(a); or

  (h)   paragraph   317ZK(6A)(b); or

  (i)   paragraph   317ZK(6A)(c).



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