Document ID: chunk:federal_register_of_legislation:C2021C00496:clause:1_317q:p1
Version: federal_register_of_legislation:C2021C00496
Segment Type: clause
Provision Reference: sch 1 cl 317Q (pt 1/2)
Character Range: 77664–80423

317Q  Variation of technical assistance notices
 (1) If a technical assistance notice has been given to a designated communications provider by the Director‑General of Security, the Director‑General of Security may vary the notice.
 (2) If a technical assistance notice has been given to a designated communications provider by the chief officer of an interception agency, the chief officer may vary the notice.

Form of variation
 (3) A variation may be made:
 (a) orally; or
 (b) in writing.
 (4) A variation must not be made orally unless:
 (a) an imminent risk of serious harm to a person or substantial damage to property exists; and
 (b) the variation is necessary for the purpose of dealing with that risk; and
 (c) it is not practicable in the circumstances to make the variation in writing.
 (5) If a variation is made 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 variation; and
 (b) do so within 48 hours after the variation was made.
 (6) If, under subsection (5), the Director‑General of Security or the chief officer of an interception agency makes a written record of a variation, the Director‑General of Security or the chief officer, as the case requires, must:
 (a) give a copy of the record to the designated communications provider concerned; and
 (b) do so as soon as practicable after the record was made.
 (7) If a variation is made in writing 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) give a copy of the variation to the designated communications provider concerned; and
 (b) do so as soon as practicable after the variation was made.

Acts or things specified in a varied technical assistance notice
 (8) The acts or things specified in a varied technical assistance 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 317L(2).
 (9) The acts or things specified in a varied technical assistance notice 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 317L(2).
Note: For listed acts or things, see section 317E.

Decision‑making criteria
 (10) The Director‑General of Security or the chief officer of an interception agency must not vary a technical assistance notice unless the Director‑General of Security or the chief officer, as the case requires, is satisfied