Document ID: chunk:federal_register_of_legislation:C2024C00742:section:317wa:p2
Version: federal_register_of_legislation:C2024C00742
Segment Type: section
Provision Reference: s 317WA (pt 2/3)
Character Range: 660296–663236

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);
  give a copy of the report to the Commonwealth Ombudsman.
 (7) In carrying out an assessment under paragraph (6)(a) in relation to a technical capability notice proposed to be given to a designated communications provider, the assessors must:
 (a) consider:
 (i) whether the proposed technical capability notice would contravene section 317ZG; and
 (ii) whether the requirements imposed by the proposed technical capability notice are reasonable and proportionate; and
 (iii) whether compliance with the proposed technical capability notice is practicable; and
 (iv) whether compliance with the proposed technical capability notice is technically feasible; and
 (v) whether the proposed technical capability notice is the least intrusive measure that would be effective in achieving the legitimate objective of the proposed technical capability notice; and
 (b) give the greatest weight to the matter mentioned in subparagraph (a)(i).
 (8) In carrying out an assessment under paragraph (6)(a) in relation to a technical capability notice proposed to be given to a designated communications provider, the assessors must consult:
 (a) the provider; and
 (b) if the acts or things specified in the proposed technical capability 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 Director‑General of Security; and
 (c) if the acts or things specified in the proposed technical capability 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 chief officer of the interception agency.
 (9) If:
 (a) the assessors have begun to carry out an assessment under paragraph (6)(a) in relation to a technical capability notice proposed to be given to a designated communications provider; and
 (b) the provider informs the Attorney‑General that the provider no longer wants the assessment to be carried out;
then:
 (c) the Attorney‑General must direct the assessors to cease carrying out the assessment; and
 (d) the assessors must comply with the direction.
 (10) If:
 (a) the assessors have begun to carry out an assessment under paragraph (6)(a); and
 (b) the Attorney‑General withdraws the proposed technical capability notice to which the assessment