Document ID: chunk:federal_register_of_legislation:C2024C00742:section:317zk:p2
Version: federal_register_of_legislation:C2024C00742
Segment Type: section
Provision Reference: s 317ZK (pt 2/5)
Character Range: 718984–721828

the case of a requirement under a technical assistance notice given by the Director‑General of Security—the Director‑General of Security declares in writing that the Director‑General of Security is satisfied that it would be contrary to the public interest for this subsection to apply to the requirement; or
 (e) in the case of a requirement under a technical assistance notice given by the chief officer of an interception agency—the chief officer declares in writing that the chief officer is satisfied that it would be contrary to the public interest for this subsection to apply to the requirement; or
 (f) in the case of a requirement under a technical capability notice—the Attorney‑General declares in writing that the Attorney‑General is satisfied that it would be contrary to the public interest for this subsection to apply to the requirement.
Note: For applicable costs negotiator, see subsection (16).
 (3A) In deciding whether it would be contrary to the public interest for subsection (3) to apply to the requirement, the Director‑General of Security, the chief officer or the Attorney‑General, as the case may be, must have regard to the following matters:
 (a) in the case of a requirement under a technical assistance notice given by the chief officer of an interception agency or a requirement under a technical capability notice that relates to an interception agency—the interests of law enforcement;
 (b) in the case of a requirement under a technical assistance notice given by the Director‑General of Security or a requirement under a technical capability notice that relates to ASIO—the interests of national security;
 (c) the objects of this Act;
 (d) the extent to which compliance with the requirement will impose a regulatory burden on the provider;
 (e) the reasons for the giving of the technical assistance notice or technical capability notice, as the case requires;
 (f) such other matters (if any) as the Director‑General of Security, the chief officer or the Attorney‑General, as the case may be, considers relevant.

Terms and conditions
 (4) The designated communications provider must comply with the requirement on such terms and conditions as are:
 (a) agreed between the following parties:
 (i) the provider;
 (ii) the applicable costs negotiator; or
 (b) failing agreement, determined by an arbitrator appointed by the parties.
Note: For applicable costs negotiator, see subsection (16).
 (5) If:
 (a) the parties fail to agree on the appointment of an arbitrator; and
 (b) one of the parties is a carrier or carriage service provider;
the ACMA is to appoint the arbitrator.
 (6) If:
 (a) the parties fail to agree on the appointment of an arbitrator; and
 (b) none of the parties is a carrier or carriage service provider;
the Attorney‑General is to appoint the arbitrator.
 (6A) Subsection (4) does