Document ID: chunk:federal_register_of_legislation:C2024C00742:section:317ja:p1
Version: federal_register_of_legislation:C2024C00742
Segment Type: section
Provision Reference: s 317JA (pt 1/3)
Character Range: 612590–615547

317JA  Variation of technical assistance requests
 (1) If a technical assistance request has been given to a designated communications provider by the Director‑General of Security, the Director‑General of Security may vary the request.
 (2) If a technical assistance request has been given to a designated communications provider by the Director‑General of the Australian Secret Intelligence Service, the Director‑General of the Australian Secret Intelligence Service may vary the request.
 (3) If a technical assistance request has been given to a designated communications provider by the Director‑General of the Australian Signals Directorate, the Director‑General of the Australian Signals Directorate may vary the request.
 (4) If a technical assistance request has been given to a designated communications provider by the chief officer of an interception agency, the chief officer may vary the request.

Form of variation
 (5) A variation may be made:
 (a) orally; or
 (b) in writing.
 (6) A variation must not be made orally unless:
 (a) an imminent risk of serious harm to a person or substantial damage to property exists; and
 (b) the variation is necessary for the purpose of dealing with that risk; and
 (c) it is not practicable in the circumstances to make the variation in writing.
 (7) If a variation is made orally by:
 (a) the Director‑General of Security; or
 (b) the Director‑General of the Australian Secret Intelligence Service; or
 (c) the Director‑General of the Australian Signals Directorate; or
 (d) the chief officer of an interception agency;
the Director‑General of Security, the Director‑General of the Australian Secret Intelligence Service, the Director‑General of the Australian Signals Directorate or the chief officer, as the case requires, must:
 (e) make a written record of the variation; and
 (f) do so within 48 hours after the variation was made.
 (8) If, under subsection (7):
 (a) the Director‑General of Security; or
 (b) the Director‑General of the Australian Secret Intelligence Service; or
 (c) the Director‑General of the Australian Signals Directorate; or
 (d) the chief officer of an interception agency;
makes a written record of a variation, the Director‑General of Security, the Director‑General of the Australian Secret Intelligence Service, the Director‑General of the Australian Signals Directorate or the chief officer, as the case requires, must:
 (e) give a copy of the record to the designated communications provider concerned; and
 (f) do so as soon as practicable after the record was made.

Acts or things specified in a varied technical assistance request
 (9) The acts or things specified in a varied technical assistance request must be:
 (a) in connection with any or all of the eligible activities of the designated communications provider concerned; and
 (b) covered by subsection 317G(2).
 (10) The acts or things that may be specified in a varied technical assistance request include