Variation of technical assistance requests
317JA Variation of technical assistance requests
If a technical assistance request has been given to a designated communications provider by the Director‑General of Security, the Director‑General of Security may vary the request.
If a technical assistance request has been given to a designated communications provider by the Director‑General of the Australian Secret Intelligence Service, the Director‑General of the Australian Secret Intelligence Service may vary the request.
If a technical assistance request has been given to a designated communications provider by the Director‑General of the Australian Signals Directorate, the Director‑General of the Australian Signals Directorate may vary the request.
If a technical assistance request has been given to a designated communications provider by the chief officer of an interception agency, the chief officer may vary the request.
Form of variation
A variation may be made:
orally; or
in writing.
A variation must not be made orally unless:
an imminent risk of serious harm to a person or substantial damage to property exists; and
the variation is necessary for the purpose of dealing with that risk; and
it is not practicable in the circumstances to make the variation in writing.
If a variation is made orally by:
the Director‑General of Security; or
the Director‑General of the Australian Secret Intelligence Service; or
the Director‑General of the Australian Signals Directorate; or
the chief officer of an interception agency;
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, as the case requires, must:
make a written record of the variation; and
do so within 48 hours after the variation was made.
If, under subsection (7):
the Director‑General of Security; or
the Director‑General of the Australian Secret Intelligence Service; or
the Director‑General of the Australian Signals Directorate; or
the chief officer of an interception agency;
makes a written record of a variation, 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, as the case requires, must:
give a copy of the record to the designated communications provider concerned; and
do so as soon as practicable after the record was made.
Acts or things specified in a varied technical assistance request
The acts or things specified in a varied technical assistance request must be:
in connection with any or all of the eligible activities of the designated communications provider concerned; and
covered by subsection 317G(2).
The acts or things that may be specified in a varied technical assistance request include (but are not limited to) listed acts or things, so long as those acts or things:
are in connection with any or all of the eligible activities of the designated communications provider concerned; and
are covered by subsection 317G(2).
For listed acts or things, see section 317E.
Decision‑making criteria
The Director‑General of Security must not vary a technical assistance request unless the Director‑General of Security is satisfied that:
the varied request is reasonable and proportionate; and
compliance with the varied request is:
practicable; and
technically feasible.
See also section 317JC.
The Director‑General of the Australian Secret Intelligence Service must not vary a technical assistance request unless the Director‑General of the Australian Secret Intelligence Service is satisfied that:
the varied request is reasonable and proportionate; and
compliance with the varied request is:
practicable; and
technically feasible.
See also section 317JC.
The Director‑General of the Australian Signals Directorate must not vary a technical assistance request unless the Director‑General of the Australian Signals Directorate is satisfied that:
the varied request is reasonable and proportionate; and
compliance with the varied request is:
practicable; and
technically feasible.
See also section 317JC.
The chief officer of an interception agency must not vary a technical assistance request unless the chief officer is satisfied that:
the varied request is reasonable and proportionate; and
compliance with the varied request is:
practicable; and
technically feasible.
See also section 317JC.
Notification obligations
If the Director‑General of Security varies a technical assistance request, the Director‑General of Security must, within 7 days after varying the request, notify the Inspector‑General of Intelligence and Security that the request has been varied.
If the Director‑General of the Australian Secret Intelligence Service varies a technical assistance request, the Director‑General of the Australian Secret Intelligence Service must, within 7 days after varying the request, notify the Inspector‑General of Intelligence and Security that the request has been varied.
If the Director‑General of the Australian Signals Directorate varies a technical assistance request, the Director‑General of the Australian Signals Directorate must, within 7 days after varying the request, notify the Inspector‑General of Intelligence and Security that the request has been varied.
If the chief officer of an interception agency varies a technical assistance request, the chief officer must, within 7 days after varying the request, notify the following person that the request has been varied:
if the interception agency is the Australian Crime Commission—the Inspector‑General of Intelligence and Security;
otherwise—the Commonwealth Ombudsman.
A failure to comply with subsection (15), (16), (17) or (18) does not affect the validity of a variation of a technical assistance request.
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