Document ID: chunk:federal_register_of_legislation:C2021C00496:clause:1_317maa
Version: federal_register_of_legislation:C2021C00496
Segment Type: clause
Provision Reference: sch 1 cl 317MAA
Character Range: 70776–72950

317MAA  Provision of advice to designated communications providers
 (1) If the Director‑General of Security gives a technical assistance notice to a designated communications provider, the Director‑General of Security must give the provider advice relating to the provider's obligations under whichever of sections 317ZA and 317ZB is applicable, so far as those obligations relate to the notice.
 (2) If the chief officer of an interception agency gives a technical assistance notice to a designated communications provider, the chief officer must give the provider advice relating to the provider's obligations under whichever of sections 317ZA and 317ZB is applicable, so far as those obligations relate to the notice.
 (3) If the Director‑General of Security gives a technical assistance notice to a designated communications provider, the Director‑General of Security must notify the provider of the provider's right to make a complaint about the notice to the Inspector‑General of Intelligence and Security under the Inspector‑General of Intelligence and Security Act 1986.
 (4) If:
 (a) the chief officer of an interception agency gives a technical assistance notice to a designated communications provider; and
 (b) the provider has a right to make a complaint about the conduct of the chief officer, or the interception agency, in relation to the notice to:
 (i) the Commonwealth Ombudsman; or
 (ii) an authority that is the State or Territory inspecting agency in relation to the interception agency;
the chief officer must notify the provider of the provider's right to make such a complaint.

Form of advice or notification
 (5) Advice under subsection (1) or (2), or notification under subsection (3) or (4), may be given:
 (a) orally; or
 (b) in writing.
 (6) If advice under subsection (1) or (2), or notification under subsection (3) or (4), is given orally by the Director‑General of Security or the chief officer of an interception agency, the Director‑General of Security or the chief officer, as the case requires, must:
 (a) make a written record of the advice or notification; and
 (b) do so within 48 hours after the advice or notification was given.