Document ID: chunk:federal_register_of_legislation:C2021C00496:clause:1_317ra
Version: federal_register_of_legislation:C2021C00496
Segment Type: clause
Provision Reference: sch 1 cl 317RA
Character Range: 83369–84793

317RA  Whether requirements imposed by a technical assistance notice are reasonable and proportionate
  In considering whether the requirements imposed by a technical assistance notice or a varied technical assistance notice are reasonable and proportionate, the Director‑General of Security or the chief officer of an interception agency, as the case requires, must have regard to the following matters:
 (a) the interests of national security;
 (b) the interests of law enforcement;
 (c) the legitimate interests of the designated communications provider to whom the notice relates;
 (d) the objectives of the notice;
 (e) the availability of other means to achieve the objectives of the notice;
 (ea) whether the requirements, when compared to other forms of industry assistance known to the Director‑General of Security or the chief officer, as the case requires, are the least intrusive form of industry assistance so far as the following persons are concerned:
 (i) persons whose activities are not of interest to ASIO;
 (ii) persons whose activities are not of interest to interception agencies;
 (eb) whether the requirements are necessary;
 (f) the legitimate expectations of the Australian community relating to privacy and cybersecurity;
 (g) such other matters (if any) as the Director‑General of Security or the chief officer, as the case requires, considers relevant.

Division 4—Technical capability notices