Document ID: chunk:federal_register_of_legislation:C2024C00742:section:317m
Version: federal_register_of_legislation:C2024C00742
Segment Type: section
Provision Reference: s 317M
Character Range: 627905–629411

317M  Form of technical assistance notice
 (1) A technical assistance notice may be given:
 (a) orally; or
 (b) in writing.
 (2) A technical assistance notice must not be given orally unless:
 (a) an imminent risk of serious harm to a person or substantial damage to property exists; and
 (b) the technical assistance notice is necessary for the purpose of dealing with that risk; and
 (c) it is not practicable in the circumstances to give the technical assistance notice in writing.
 (3) If a technical assistance notice is given orally by the Director‑General of Security or the chief officer of an interception agency, the Director‑General of Security or the chief officer, as the case requires, must:
 (a) make a written record of the notice; and
 (b) do so within 48 hours after the notice was given.
 (4) If, under subsection (3), the Director‑General of Security or the chief officer of an interception agency makes a written record of a technical assistance notice, the Director‑General of Security or the chief officer, as the case requires, must:
 (a) give a copy of the record to the designated communications provider concerned; and
 (b) do so as soon as practicable after the record was made.
 (5) If, under subsection (3), the Director‑General of Security or the chief officer of an interception agency makes a written record of a technical assistance notice, the Director‑General of Security or the chief officer, as the case requires, must retain the record while the notice is in force.