Document ID: chunk:federal_register_of_legislation:C2024C00742:section:317zka
Version: federal_register_of_legislation:C2024C00742
Segment Type: section
Provision Reference: s 317ZKA
Character Range: 727449–729780

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).