Document ID: chunk:federal_register_of_legislation:C2024C00742:section:317q:p2
Version: federal_register_of_legislation:C2024C00742
Segment Type: section
Provision Reference: s 317Q (pt 2/2)
Character Range: 638788–640086

see section 317E.

Decision‑making criteria
 (10) The Director‑General of Security or the chief officer of an interception agency must not vary a technical assistance notice unless the Director‑General of Security or the chief officer, as the case requires, is satisfied that:
 (a) the requirements imposed by the varied notice are reasonable and proportionate; and
 (b) compliance with the varied notice is:
 (i) practicable; and
 (ii) technically feasible.
Note: See also section 317RA.

Variation must not extend duration of technical assistance notice
 (11) A variation of a technical assistance notice must not extend the period for which the notice is in force.

Notification obligations
 (12) If the Director‑General of Security varies a technical assistance notice, the Director‑General of Security must, within 7 days after varying the notice, notify the Inspector‑General of Intelligence and Security that the notice has been varied.
 (13) If the chief officer of an interception agency varies a technical assistance notice, the chief officer must, within 7 days after varying the notice, notify the Commonwealth Ombudsman that the notice has been varied.
 (14) A failure to comply with subsection (12) or (13) does not affect the validity of a variation of a technical assistance notice.