Document ID: chunk:federal_register_of_legislation:C2024C00742:section:317ya:p2
Version: federal_register_of_legislation:C2024C00742
Segment Type: section
Provision Reference: s 317YA (pt 2/3)
Character Range: 673362–676187

Intelligence and Security; and
 (e) if the acts or things specified in the technical capability notice as proposed to be varied:
 (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 the report to the Commonwealth Ombudsman.
 (7) In carrying out an assessment under paragraph (6)(a) in relation to a technical capability notice as proposed to be varied, the assessors must consult:
 (a) the designated communications provider concerned; and
 (b) if the acts or things specified in the technical capability notice as proposed to be varied:
 (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);
  the Director‑General of Security; and
 (c) if the acts or things specified in the technical capability notice as proposed to be varied:
 (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);
  the chief officer of the interception agency.
 (8) If:
 (a) the assessors have begun to carry out an assessment under paragraph (6)(a) in relation to the technical capability notice as proposed to be varied; and
 (b) the designated communications provider concerned informs the Attorney‑General that the provider no longer wants the assessment to be carried out;
then:
 (c) the Attorney‑General must direct the assessors to cease carrying out the assessment; and
 (d) the assessors must comply with the direction.
 (9) If:
 (a) the assessors have begun to carry out an assessment under paragraph (6)(a); and
 (b) the Attorney‑General withdraws the proposed variation of the technical capability notice concerned;
then:
 (c) the Attorney‑General must direct the assessors to cease carrying out the assessment; and
 (d) the assessors must comply with the direction.

Attorney‑General must have regard to the report of the assessment
 (10) If:
 (a) a notice is given under subsection (1) in relation to a proposed variation of a technical capability notice; and
 (b) a copy of the report relating to the technical capability notice as proposed to be varied is given to the