Document ID: chunk:federal_register_of_legislation:C2021C00496:clause:1_317haa
Version: federal_register_of_legislation:C2021C00496
Segment Type: clause
Provision Reference: sch 1 cl 317HAA
Character Range: 48283–50097

317HAA  Provision of advice to designated communications providers
 (1) If the Director‑General of Security gives a technical assistance request to a designated communications provider, the Director‑General of Security must advise the provider that compliance with the request is voluntary.
 (2) If the Director‑General of the Australian Secret Intelligence Service gives a technical assistance request to a designated communications provider, the Director‑General of the Australian Secret Intelligence Service must advise the provider that compliance with the request is voluntary.
 (3) If the Director‑General of the Australian Signals Directorate gives a technical assistance request to a designated communications provider, the Director‑General of the Australian Signals Directorate must advise the provider that compliance with the request is voluntary.
 (4) If the chief officer of an interception agency gives a technical assistance request to a designated communications provider, the chief officer must advise the provider that compliance with the request is voluntary.

Form of advice
 (5) Advice under subsection (1), (2), (3) or (4) may be given:
 (a) orally; or
 (b) in writing.
 (6) If advice under subsection (1), (2), (3) or (4) is given orally by:
 (a) the Director‑General of Security; or
 (b) the Director‑General of the Australian Secret Intelligence Service; or
 (c) the Director‑General of the Australian Signals Directorate; or
 (d) the chief officer of an interception agency;
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, must:
 (e) make a written record of the advice; and
 (f) do so within 48 hours after the advice was given.