Document ID: chunk:federal_register_of_legislation:C2024C00742:section:317x
Version: federal_register_of_legislation:C2024C00742
Segment Type: section
Provision Reference: s 317X
Character Range: 664500–667390

317X  Variation of technical capability notices
 (1) If a technical capability notice has been given to a designated communications provider, the Attorney‑General may, by written notice given to the provider, vary the notice.

Acts or things specified in a varied technical capability notice
 (2) The acts or things specified in a varied technical capability notice must be:
 (a) in connection with any or all of the eligible activities of the designated communications provider concerned; and
 (b) covered by subsection 317T(2).
 (3) The acts or things specified in a varied technical capability notice in accordance with paragraph 317T(2)(b) must be listed acts or things, so long as those acts or things:
 (a) are in connection with any or all of the eligible activities of the designated communications provider concerned; and
 (b) are covered by subsection 317T(2), so far as that subsection relates to paragraph 317T(2)(b).
Note: For listed acts or things, see section 317E.

Decision‑making criteria
 (4) The Attorney‑General must not vary a technical capability notice unless the Attorney‑General is satisfied that:
 (a) the requirements imposed by the varied notice are reasonable and proportionate; and
 (b) compliance with the varied notice is:
 (i) practicable; and
 (ii) technically feasible.
Note: See also section 317ZAA.

Variation must not extend duration of technical capability notice
 (5) A variation of a technical capability notice must not extend the period for which the notice is in force.

Notification obligations
 (6) If:
 (a) the Attorney‑General varies a technical capability notice; and
 (b) the acts or things specified in the varied notice:
 (i) are directed towards ensuring that a designated communications provider is capable of giving listed help (within the meaning of section 317T) to ASIO in relation to a matter covered by paragraph 317T(2)(a); or
 (ii) are by way of giving help to ASIO in relation to a matter covered by paragraph 317T(2)(b);
the Attorney‑General must, within 7 days after varying the notice, notify the Inspector‑General of Intelligence and Security that the notice has been varied.
 (7) If:
 (a) the Attorney‑General varies a technical capability notice; and
 (b) the acts or things specified in the varied notice:
 (i) are directed towards ensuring that a designated communications provider is capable of giving listed help (within the meaning of section 317T) to an interception agency in relation to a matter covered by paragraph 317T(2)(a); or
 (ii) are by way of giving help to an interception agency in relation to a matter covered by paragraph 317T(2)(b);
the Attorney‑General must, within 7 days after varying the notice, notify the Commonwealth Ombudsman that the notice has been varied.
 (8) A failure to comply with subsection (6) or (7) does not affect the validity of a variation of a technical capability notice.