Document ID: chunk:federal_register_of_legislation:C2024C00742:section:317zk:p1
Version: federal_register_of_legislation:C2024C00742
Segment Type: section
Provision Reference: s 317ZK (pt 1/5)
Character Range: 716394–719249

317ZK  Terms and conditions on which help is to be given etc.

Scope
 (1) This section applies if a designated communications provider is subject to a requirement under:
 (a) a technical assistance notice; or
 (b) a technical capability notice;
unless:
 (c) in the case of a requirement under a technical assistance notice given by the Director‑General of Security—the Director‑General of Security declares in writing that the Director‑General of Security is satisfied that it would be contrary to the public interest for this section to apply to the requirement; or
 (d) in the case of a requirement under a technical assistance notice given by the chief officer of an interception agency—the chief officer declares in writing that the chief officer is satisfied that it would be contrary to the public interest for this section to apply to the requirement; or
 (e) in the case of a requirement under a technical capability notice—the Attorney‑General declares in writing that the Attorney‑General is satisfied that it would be contrary to the public interest for this section to apply to the requirement.
 (2) In deciding whether it would be contrary to the public interest for this section to apply to a requirement, the Director‑General of Security, the chief officer or the Attorney‑General, as the case may be, must have regard to the following matters:
 (a) in the case of a requirement under a technical assistance notice given by the chief officer of an interception agency or a requirement under a technical capability notice that relates to an interception agency—the interests of law enforcement;
 (b) in the case of a requirement under a technical assistance notice given by the Director‑General of Security or a requirement under a technical capability notice that relates to ASIO—the interests of national security;
 (c) the objects of this Act;
 (d) the extent to which compliance with the requirement will impose a regulatory burden on the provider;
 (e) the reasons for the giving of the technical assistance notice or technical capability notice, as the case requires;
 (f) such other matters (if any) as the Director‑General of Security, the chief officer or the Attorney‑General, as the case may be, considers relevant.

Basis of compliance
 (3) The designated communications provider must comply with the requirement on the basis that the provider neither:
 (a) profits from complying with the requirement; nor
 (b) bears the reasonable costs of complying with the requirement;
unless:
 (c) the provider and the applicable costs negotiator otherwise agree; or
 (d) in the case of a requirement under a technical assistance notice given by the Director‑General of Security—the Director‑General of Security declares in writing that the Director‑General of Security is satisfied that it would be contrary to the public interest for this