Document ID: chunk:federal_register_of_legislation:C2021C00496:clause:1_317h
Version: federal_register_of_legislation:C2021C00496
Segment Type: clause
Provision Reference: sch 1 cl 317H
Character Range: 45914–48283

317H  Form of technical assistance request
 (1) A technical assistance request may be given:
 (a) orally; or
 (b) in writing.
 (2) A technical assistance request must not be given orally unless:
 (a) an imminent risk of serious harm to a person or substantial damage to property exists; and
 (b) the technical assistance request is necessary for the purpose of dealing with that risk; and
 (c) it is not practicable in the circumstances to give the technical assistance request in writing.
 (3) If a technical assistance request is given orally by:
 (a) the Director‑General of Security; or
 (b) the Director‑General of the Australian Secret Intelligence Service; or
 (c) the Director‑General of the Australian Signals Directorate; or
 (d) the chief officer of an interception agency;
the Director‑General of Security, the Director‑General of the Australian Secret Intelligence Service, the Director‑General of the Australian Signals Directorate or the chief officer, as the case requires, must:
 (e) make a written record of the request; and
 (f) do so within 48 hours after the request was given.
 (4) If, under subsection (3):
 (a) the Director‑General of Security; or
 (b) the Director‑General of the Australian Secret Intelligence Service; or
 (c) the Director‑General of the Australian Signals Directorate; or
 (d) the chief officer of an interception agency;
makes a written record of a technical assistance request, the Director‑General of Security, the Director‑General of the Australian Secret Intelligence Service, the Director‑General of the Australian Signals Directorate or the chief officer, as the case requires, must:
 (e) give a copy of the record to the designated communications provider concerned; and
 (f) do so as soon as practicable after the record was made.
 (5) If, under subsection (3):
 (a) the Director‑General of Security; or
 (b) the Director‑General of the Australian Secret Intelligence Service; or
 (c) the Director‑General of the Australian Signals Directorate; or
 (d) the chief officer of an interception agency;
makes a written record of a technical assistance request, the Director‑General of Security, the Director‑General of the Australian Secret Intelligence Service, the Director‑General of the Australian Signals Directorate or the chief officer, as the case requires, must retain the record while the request is in force.