Document ID: chunk:federal_register_of_legislation:C2021C00496:clause:1_317t:p1
Version: federal_register_of_legislation:C2021C00496
Segment Type: clause
Provision Reference: sch 1 cl 317T (pt 1/2)
Character Range: 85479–88089

317T  Technical capability notices
 (1) The Attorney‑General may, in accordance with a request made by the Director‑General of Security or the chief officer of an interception agency, give a designated communications provider a written notice, to be known as a technical capability notice, that requires the provider to do one or more specified acts or things that:
 (a) are in connection with any or all of the eligible activities of the provider; and
 (b) are covered by subsection (2).
Note: Section 317ZK deals with the terms and conditions on which such a requirement is to be complied with.
 (2) The specified acts or things must:
 (a) be directed towards ensuring that the designated communications provider is capable of giving listed help to ASIO, or an interception agency, in relation to:
 (i) the performance of a function, or the exercise of a power, conferred by or under a law of the Commonwealth, a State or a Territory, so far as the function or power relates to a relevant objective; or
 (ii) a matter that facilitates, or is ancillary or incidental to, a matter covered by subparagraph (i); or
 (b) be by way of giving help to ASIO, or an interception agency, in relation to:
 (i) the performance of a function, or the exercise of a power, conferred by or under a law of the Commonwealth, a State or a Territory, so far as the function or power relates to a relevant objective; or
 (ii) a matter that facilitates, or is ancillary or incidental to, a matter covered by subparagraph (i).

Relevant objective
 (3) For the purposes of this section, relevant objective means:
 (a) enforcing the criminal law, so far as it relates to serious Australian offences; or
 (b) assisting the enforcement of the criminal laws in force in a foreign country, so far as those laws relate to serious foreign offences; or
 (c) safeguarding national security.

Listed help
 (4) For the purposes of the application of this section to a designated communications provider, if one or more acts or things done by the provider:
 (a) are by way of giving help to ASIO or an interception agency; and
 (b) are in connection with any or all of the eligible activities of the provider; and
 (c) consist of either or both of the following:
 (i) one or more listed acts or things (other than an act or thing covered by paragraph 317E(1)(a));
 (ii) one or more acts or things of a kind determined under subsection (5);
that help is listed help.
Note: For listed acts or things, see section 317E.
 (5) The Home Affairs Minister may, by legislative instrument, determine one or more kinds of acts or things for the purposes of