Document ID: chunk:federal_register_of_legislation:C2024C00742:section:317ta
Version: federal_register_of_legislation:C2024C00742
Segment Type: section
Provision Reference: s 317TA
Character Range: 651409–653936

317TA  Duration of technical capability notice
 (1) A technical capability notice:
 (a) comes in force:
 (i) when it is given; or
 (ii) if a later time is specified in the notice—at that later time; and
 (b) unless sooner revoked, remains in force:
 (i) if an expiry date is specified in the notice—until the start of the expiry date; or
 (ii) otherwise—at end of the 180‑day period beginning when the notice was given.
 (1A) An expiry date specified in a technical capability notice must not be later than 12 months after the notice was given.
 (1B) Paragraph (1)(b) has effect subject to subsection (1C).
 (1C) If the Attorney‑General has given a technical capability notice to a designated communications provider, the Attorney‑General may, with the agreement of the provider, extend for a further period (not exceeding 12 months) or further periods (not exceeding 12 months in each case) the period for which the technical capability notice is in force.
 (1D) If:
 (a) the Attorney‑General extends the period for which a technical capability notice is in force; and
 (b) 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);
the Attorney‑General must, within 7 days after extending the period, notify the Inspector‑General of Intelligence and Security of the extension.
 (1E) If:
 (a) the Attorney‑General extends the period for which a technical capability notice is in force; and
 (b) 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 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 extending the period, notify the Commonwealth Ombudsman of the extension.
 (1F) A failure to comply with subsection (1D) or (1E) does not affect the validity of an extension of a technical capability notice.
 (2) If a technical capability notice expires, this Part does not prevent the giving of a fresh technical capability notice in the same terms as the expired technical capability notice.