Document ID: chunk:federal_register_of_legislation:C2024C00742:section:317zaa
Version: federal_register_of_legislation:C2024C00742
Segment Type: section
Provision Reference: s 317ZAA
Character Range: 678920–680150

317ZAA  Whether requirements imposed by a technical capability notice are reasonable and proportionate
  In considering whether the requirements imposed by a technical capability notice or a varied technical capability notice are reasonable and proportionate, the Attorney‑General must have regard to the following matters:
 (a) the interests of national security;
 (b) the interests of law enforcement;
 (c) the legitimate interests of the designated communications provider to whom the notice relates;
 (d) the objectives of the notice;
 (e) the availability of other means to achieve the objectives of the notice;
 (ea) whether the requirements, when compared to other forms of industry assistance known to the Attorney‑General, are the least intrusive form of industry assistance so far as the following persons are concerned:
 (i) persons whose activities are not of interest to ASIO;
 (ii) persons whose activities are not of interest to interception agencies;
 (eb) whether the requirements are necessary;
 (f) the legitimate expectations of the Australian community relating to privacy and cybersecurity;
 (g) such other matters (if any) as the Attorney‑General considers relevant.

Division 5—Compliance and enforcement