Document ID: chunk:federal_register_of_legislation:C2021C00496:clause:1_317zk:p4
Version: federal_register_of_legislation:C2021C00496
Segment Type: clause
Provision Reference: sch 1 cl 317ZK (pt 4/5)
Character Range: 165459–168314

persons for the purposes of paragraph (7)(a).
 (9) An instrument made under subsection (8) is not a legislative instrument.
 (10) Subsection 33(3AB) of the Acts Interpretation Act 1901 does not apply to the power conferred by subsection (8).
 (11) The Home Affairs Minister may, by legislative instrument, specify a class of persons for the purposes of paragraph (7)(b).
 (12) Before making an instrument under subsection (8) or (11), the Home Affairs Minister must consult the Attorney‑General.
 (13) If an arbitration under this section is conducted by an arbitrator appointed by the ACMA, the cost of the arbitration must be apportioned equally between the parties.
 (14) The Home Affairs Minister may, by legislative instrument, make provision for and in relation to the conduct of an arbitration under this section.

Acquisition of property
 (15) This section has no effect to the extent (if any) to which its operation would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) otherwise than on just terms (within the meaning of that paragraph).

Applicable costs negotiator
 (16) For the purposes of this section, the applicable costs negotiator is:
 (a) in the case of a requirement under a technical assistance notice given by the Director‑General of Security—the Director‑General of Security; or
 (b) in the case of a requirement under a technical assistance notice given by the chief officer of an interception agency—the chief officer; or
 (c) in the case of a requirement under a technical capability notice—the person specified in the notice, in accordance with subsection 317T(12), as the applicable costs negotiator for the notice.

Technical capability notice that relates to ASIO
 (17) For the purposes of this section, a technical capability notice relates to ASIO if the acts or things specified in the notice:
 (a) are directed towards ensuring that a 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
 (b) are by way of giving help to ASIO in relation to a matter covered by paragraph 317T(2)(b).

Technical capability notice that relates to an interception agency
 (18) For the purposes of this section, a technical capability notice relates to an interception agency if the acts or things specified in the notice:
 (a) are directed towards ensuring that a designated communications provider is capable of giving listed help (within the meaning of section 317T) to the interception agency in relation to a matter covered by paragraph 317T(2)(a); or
 (b) are by way of giving help to the interception agency in relation to a matter covered by paragraph 317T(2)(b).

Technical assistance notice information
 (19) For the purposes of this Part, information about a