Document ID: chunk:federal_register_of_legislation:C2021C00496:clause:1_317taaa
Version: federal_register_of_legislation:C2021C00496
Segment Type: clause
Provision Reference: sch 1 cl 317TAAA
Character Range: 89281–90773

317TAAA  Approval of technical capability notice
 (1) The Attorney‑General must not give a technical capability notice to a designated communications provider unless:
 (a) the Attorney‑General has given the Minister a written notice setting out a proposal to give the technical capability notice; and
 (b) the Minister has approved the giving of the technical capability notice.
 (2) An approval under paragraph (1)(b) may be given:
 (a) orally; or
 (b) in writing.
 (3) If an approval under paragraph (1)(b) is given orally, the Minister must:
 (a) make a written record of the approval; and
 (b) do so within 48 hours after the approval was given.
 (4) The Attorney‑General may make a representation to the Minister about the proposal to give the technical capability notice.
 (5) A representation may deal with:
 (a) any of the matters set out in section 317ZAA; and
 (b) such other matters (if any) as the Attorney‑General considers relevant.
 (6) In considering whether to approve the giving of the technical capability notice, the Minister must have regard to the following matters:
 (a) the objectives of the notice;
 (b) the legitimate interests of the designated communications provider to whom the notice relates;
 (c) the impact of the notice on the efficiency and international competitiveness of the Australian telecommunications industry;
 (d) the representation (if any) that was made under subsection (4);
 (e) such other matters (if any) as the Minister considers relevant.