Document ID: chunk:federal_register_of_legislation:C2024C00742:section:317ja:p2
Version: federal_register_of_legislation:C2024C00742
Segment Type: section
Provision Reference: s 317JA (pt 2/3)
Character Range: 615293–618397

be:
 (a) in connection with any or all of the eligible activities of the designated communications provider concerned; and
 (b) covered by subsection 317G(2).
 (10) The acts or things that may be specified in a varied technical assistance request include (but are not limited to) 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 317G(2).
Note: For listed acts or things, see section 317E.

Decision‑making criteria
 (11) The Director‑General of Security must not vary a technical assistance request unless the Director‑General of Security is satisfied that:
 (a) the varied request is reasonable and proportionate; and
 (b) compliance with the varied request is:
 (i) practicable; and
 (ii) technically feasible.
Note: See also section 317JC.
 (12) The Director‑General of the Australian Secret Intelligence Service must not vary a technical assistance request unless the Director‑General of the Australian Secret Intelligence Service is satisfied that:
 (a) the varied request is reasonable and proportionate; and
 (b) compliance with the varied request is:
 (i) practicable; and
 (ii) technically feasible.
Note: See also section 317JC.
 (13) The Director‑General of the Australian Signals Directorate must not vary a technical assistance request unless the Director‑General of the Australian Signals Directorate is satisfied that:
 (a) the varied request is reasonable and proportionate; and
 (b) compliance with the varied request is:
 (i) practicable; and
 (ii) technically feasible.
Note: See also section 317JC.
 (14) The chief officer of an interception agency must not vary a technical assistance request unless the chief officer is satisfied that:
 (a) the varied request is reasonable and proportionate; and
 (b) compliance with the varied request is:
 (i) practicable; and
 (ii) technically feasible.
Note: See also section 317JC.

Notification obligations
 (15) If the Director‑General of Security varies a technical assistance request, the Director‑General of Security must, within 7 days after varying the request, notify the Inspector‑General of Intelligence and Security that the request has been varied.
 (16) If the Director‑General of the Australian Secret Intelligence Service varies a technical assistance request, the Director‑General of the Australian Secret Intelligence Service must, within 7 days after varying the request, notify the Inspector‑General of Intelligence and Security that the request has been varied.
 (17) If the Director‑General of the Australian Signals Directorate varies a technical assistance request, the Director‑General of the Australian Signals Directorate must, within 7 days after varying the request, notify the Inspector‑General of Intelligence and Security that the request has been varied.
 (18) If the chief officer of an interception agency varies a technical assistance request, the chief officer must, within 7 days after varying the request, notify the Commonwealth Ombudsman that