Document ID: chunk:federal_register_of_legislation:C2024C00742:section:317wa:p1
Version: federal_register_of_legislation:C2024C00742
Segment Type: section
Provision Reference: s 317WA (pt 1/3)
Character Range: 657690–660527

317WA  Assessment and report

Designated communications provider may request carrying out of assessment
 (1) If a consultation notice is given to a designated communications provider under subsection 317W(1) in relation to a proposed technical capability notice, the provider may, within the time limit specified in the consultation notice, give the Attorney‑General a written notice requesting the carrying out of an assessment of whether the proposed technical capability notice should be given.

Attorney‑General must appoint assessors
 (2) If a designated communications provider gives the Attorney‑General a notice under subsection (1) in relation to a proposed technical capability notice, the Attorney‑General must appoint 2 persons to carry out an assessment of whether the proposed technical capability notice should be given.
 (3) For the purposes of this section, the persons appointed under subsection (2) are to be known as the assessors.
 (4) One of the assessors must be a person who:
 (a) has knowledge that would enable the person to assess whether proposed technical capability notices would contravene section 317ZG; and
 (b) is cleared for security purposes to:
 (i) the highest level required by staff members of ASIO; or
 (ii) such lower level as the Attorney‑General approves.
 (5) One of the assessors must be a person who:
 (a) has served as a judge in one or more prescribed courts for a period of 5 years; and
 (b) no longer holds a commission as a judge of a prescribed court.

Assessment and report by assessors
 (6) As soon as practicable after being appointed under subsection (2), the assessors must:
 (a) carry out an assessment of whether the proposed technical capability notice should be given; and
 (b) prepare a report of the assessment; and
 (c) give a copy of the report to:
 (i) the Attorney‑General; and
 (ii) the designated communications provider concerned; and
 (d) if the acts or things specified in the proposed technical capability notice:
 (i) are directed towards ensuring that the 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);
  give a copy of the report to the Inspector‑General of Intelligence and Security; and
 (e) if the acts or things specified in the proposed technical capability notice:
 (i) are directed towards ensuring that the 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);
  give a copy of