Document ID: chunk:federal_register_of_legislation:C2024C00742:section:317y
Version: federal_register_of_legislation:C2024C00742
Segment Type: section
Provision Reference: s 317Y
Character Range: 669137–670809

317Y  Consultation about a proposal to vary a technical capability notice
 (1) If a technical capability notice has been given to a designated communications provider, the Attorney‑General must not vary the notice unless the Attorney‑General has first:
 (a) given the provider a written notice (the consultation notice):
 (i) setting out a proposal to vary the technical capability notice; and
 (ii) inviting the provider to make a submission to the Attorney‑General on the proposed variation; and
 (b) considered any submission that was received within the time limit specified in the consultation notice.
 (2) A time limit specified in a consultation notice must run for at least 28 days.
 (3) If a technical capability notice has been given to a designated communications provider, the rule in subsection (2) does not apply to a variation of the notice if:
 (a) the Attorney‑General is satisfied that the technical capability notice should be varied as a matter of urgency; or
 (b) compliance with subsection (2) is impracticable; or
 (c) the provider waives compliance with subsection (2).
 (4) For the purposes of paragraph (3)(c), a designated communications provider may waive compliance:
 (a) orally; or
 (b) in writing.
 (5) If compliance is waived orally by a designated communications provider, the provider must:
 (a) make a written record of the waiver; and
 (b) do so within 48 hours after the waiver was made.
 (6) If, under subsection (5), a designated communications provider makes a written record of the waiver, the provider must:
 (a) give a copy of the record to the Attorney‑General; and
 (b) do so as soon as practicable after the record was made.