Simplified outline of this Part
317A Simplified outline of this Part
• 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 of an interception agency may give a technical assistance request to a designated communications provider.
• A technical assistance request may ask the provider to do acts or things on a voluntary basis that are directed towards ensuring that the provider is capable of giving certain types of help to ASIO, the Australian Secret Intelligence Service, the Australian Signals Directorate or an interception agency in relation to:
in the case of ASIO—safeguarding national security; or
in the case of the Australian Secret Intelligence Service—the interests of Australia’s national security, the interests of Australia’s foreign relations or the interests of Australia’s national economic well‑being; or
in the case of the Australian Signals Directorate—providing material, advice and other assistance on matters relating to the security and integrity of information that is processed, stored or communicated by electronic or similar means; or
in the case of an interception agency—enforcing the criminal law, so far as it relates to serious Australian offences; or
in the case of an interception agency—assisting the enforcement of the criminal laws in force in a foreign country, so far as those laws relate to serious foreign offences.
• A technical assistance request may ask the provider to give help to ASIO, the Australian Secret Intelligence Service, the Australian Signals Directorate or an interception agency on a voluntary basis in relation to:
in the case of ASIO—safeguarding national security; or
in the case of the Australian Secret Intelligence Service—the interests of Australia’s national security, the interests of Australia’s foreign relations or the interests of Australia’s national economic well‑being; or
in the case of the Australian Signals Directorate—providing material, advice and other assistance on matters relating to the security and integrity of information that is processed, stored or communicated by electronic or similar means; or
in the case of an interception agency—enforcing the criminal law, so far as it relates to serious Australian offences; or
in the case of an interception agency—assisting the enforcement of the criminal laws in force in a foreign country, so far as those laws relate to serious foreign offences.
• The Director‑General of Security or the chief officer of an interception agency may give a designated communications provider a notice, to be known as a technical assistance notice, that requires the provider to do acts or things by way of giving certain types of help to ASIO or the agency in relation to:
enforcing the criminal law, so far as it relates to serious Australian offences; or
assisting the enforcement of the criminal laws in force in a foreign country, so far as those laws relate to serious foreign offences; or
safeguarding national security.
• The Attorney‑General may give a designated communications provider a notice, to be known as a technical capability notice.
• A technical capability notice may require the provider to do acts or things directed towards ensuring that the provider is capable of giving certain types of help to ASIO or an interception agency in relation to:
enforcing the criminal law, so far as it relates to serious Australian offences; or
assisting the enforcement of the criminal laws in force in a foreign country, so far as those laws relate to serious foreign offences; or
safeguarding national security.
• A technical capability notice may require the provider to do acts or things by way of giving certain types of help to ASIO or an interception agency in relation to:
enforcing the criminal law, so far as it relates to serious Australian offences; or
assisting the enforcement of the criminal laws in force in a foreign country, so far as those laws relate to serious foreign offences; or
safeguarding national security.
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