Document ID: chunk:federal_register_of_legislation:C2021C00496:clause:1_317zh:p2
Version: federal_register_of_legislation:C2021C00496
Segment Type: clause
Provision Reference: sch 1 cl 317ZH (pt 2/3)
Character Range: 153088–155833

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 act or thing directed towards ensuring that the provider is capable of giving listed help (within the meaning of section 317T) to:
 (a) ASIO; or
 (b) an interception agency;
in relation to a matter covered by subparagraph 317T(2)(a)(i) or (ii), if the doing of the act or thing would:
 (c) assist in, or facilitate, giving effect to a warrant or authorisation under a law of the Commonwealth, a State or a Territory; or
 (d) give effect to a warrant or authorisation under a law of the Commonwealth.

Interpretation
 (6) For the purposes of this section, a technical assistance request relates to an agency if:
 (a) if the agency is ASIO—the request was given by the Director‑General of Security; or
 (b) if the agency is the Australian Secret Intelligence Service—the request was given by the Director‑General of the Australian Secret Intelligence Service; or
 (c) if the agency is the Australian Signals Directorate—the request was given by the Director‑General of the Australian Signals Directorate; or
 (d) if the agency is an interception agency—the request was given by the chief officer of the interception agency.
 (7) For the purposes of this section, a technical assistance notice relates to an agency if:
 (a) if the agency is ASIO—the notice was given by the Director‑General of Security; or
 (b) if the agency is an interception agency—the notice was given by the chief officer of the interception agency.
 (8) For the purposes of this section, a technical capability notice relates to an agency if:
 (a) if the agency is ASIO—the acts or things specified in the 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); or
 (b) if the agency is an interception agency—the acts or things specified in the notice:
 (i) are directed towards ensuring that a designated communications provider is capable of giving listed help (within the meaning of section 317T) to the interception agency in relation to a matter covered by paragraph 317T(2)(a); or
 (ii) are by way of giving help to the interception agency in relation to a matter covered by paragraph 317T(2)(b).
 (9) For the purposes of this section, agency means:
 (a) ASIO; or
 (b) the Australian Secret Intelligence Service; or
 (c) the Australian Signals Directorate; or