Document ID: chunk:federal_register_of_legislation:C2021C00496:clause:1_317zh:p1
Version: federal_register_of_legislation:C2021C00496
Segment Type: clause
Provision Reference: sch 1 cl 317ZH (pt 1/3)
Character Range: 150592–153332

317ZH  General limits on technical assistance requests, technical assistance notices and technical capability notices
 (1) A technical assistance request that relates to an agency, or a technical assistance notice that relates to an agency, or a technical capability notice that relates to an agency, has no effect to the extent (if any) to which it would request or require a designated communications provider to do an act or thing for which the agency, or an officer of the agency, would be required to have or obtain a warrant or authorisation under any of the following laws:
 (a) the Telecommunications (Interception and Access) Act 1979;
 (b) the Surveillance Devices Act 2004;
 (c) the Crimes Act 1914;
 (d) the Australian Security Intelligence Organisation Act 1979;
 (f) a law of the Commonwealth (other than this Part) that is not covered by paragraph (a), (b), (c) or (d);
 (g) a law of a State or Territory.
 (2) For the purposes of subsection (1):
 (a) assume that each law mentioned in that subsection applied both within and outside Australia; and
 (b) assume that each reference in Part 13 to a carriage service provider included a reference to a designated communications provider.
 (3) A technical assistance request, technical assistance notice or technical capability notice has no effect to the extent (if any) to which it would request or require a designated communications provider to:
 (a) use a surveillance device (within the meaning of the Surveillance Devices Act 2004); or
 (b) access data held in a computer (within the meaning of the Surveillance Devices Act 2004);
if a law of a State or Territory requires a warrant or authorisation for that use or access.
 (4) To avoid doubt, subsection (1) or (3) does not prevent a technical assistance request, technical assistance notice or technical capability notice from requesting or requiring a designated communications provider to do an act or thing by way of giving help to:
 (a) ASIO; or
 (b) an interception agency;
in relation to:
 (ca) in the case of a technical assistance request—a matter covered by subparagraph 317G(2)(b)(v) or (vi); or
 (c) in the case of a technical assistance notice—a matter covered by paragraph 317L(2)(c) or (d); or
 (d) in the case of a technical capability notice—a matter covered by subparagraph 317T(2)(b)(i) or (ii);
if the doing of the act or thing would:
 (e) assist in, or facilitate, giving effect to a warrant or authorisation under a law of the Commonwealth, a State or a Territory; or
 (f) give effect to a warrant or authorisation under a law of the Commonwealth.
 (5) To avoid doubt, subsection (1) or (3) does not prevent a technical capability notice from requiring a designated communications provider to do an