Document ID: chunk:federal_register_of_legislation:C2024C00742:section:317jc
Version: federal_register_of_legislation:C2024C00742
Segment Type: section
Provision Reference: s 317JC
Character Range: 622607–624501

317JC  Whether a technical assistance request is reasonable and proportionate
  In considering whether a technical assistance request or a varied technical assistance request is reasonable and proportionate, 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 of an interception agency, as the case requires, 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 request relates;
 (d) the objectives of the request;
 (e) the availability of other means to achieve the objectives of the request;
 (f) whether the request, when compared to other forms of industry assistance known to 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, is 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 the Australian Secret Intelligence Service;
 (iii) persons whose activities are not of interest to the Australian Signals Directorate;
 (iv) persons whose activities are not of interest to interception agencies;
 (g) whether the request is necessary;
 (h) the legitimate expectations of the Australian community relating to privacy and cybersecurity;
 (i) such other matters (if any) as 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, considers relevant.