Revocation of technical assistance requests
317JB Revocation of technical assistance requests
If a technical assistance request has been given to a person by the Director‑General of Security, the Director‑General of Security may, by written notice given to the person, revoke the request.
If a technical assistance request has been given to a person by the Director‑General of Security, and the Director‑General of Security is satisfied that:
the request is not reasonable and proportionate; or
compliance with the request is not:
practicable; and
technically feasible;
the Director‑General of Security must, by written notice given to the person, revoke the request.
If a technical assistance request has been given to a person by the Director‑General of the Australian Secret Intelligence Service, the Director‑General of the Australian Secret Intelligence Service may, by written notice given to the person, revoke the request.
If a technical assistance request has been given to a person by the Director‑General of the Australian Secret Intelligence Service, and the Director‑General of the Australian Secret Intelligence Service is satisfied that:
the request is not reasonable and proportionate; or
compliance with the request is not:
practicable; and
technically feasible;
the Director‑General of the Australian Secret Intelligence Service must, by written notice given to the person, revoke the request.
If a technical assistance request has been given to a person by the Director‑General of the Australian Signals Directorate, the Director‑General of the Australian Signals Directorate may, by written notice given to the person, revoke the request.
If a technical assistance request has been given to a person by the Director‑General of the Australian Signals Directorate, and the Director‑General of the Australian Signals Directorate is satisfied that:
the request is not reasonable and proportionate; or
compliance with the request is not:
practicable; and
technically feasible;
the Director‑General of the Australian Signals Directorate must, by written notice given to the person, revoke the request.
If a technical assistance request has been given to a person by the chief officer of an interception agency, the chief officer may, by written notice given to the person, revoke the request.
If a technical assistance request has been given to a person by the chief officer of an interception agency, and the chief officer is satisfied that:
the request is not reasonable and proportionate; or
compliance with the request is not:
practicable; and
technically feasible;
the chief officer must, by written notice given to the person, revoke the request.
Notification obligations
If the Director‑General of Security revokes a technical assistance request, the Director‑General of Security must, within 7 days after revoking the request, notify the Inspector‑General of Intelligence and Security that the request has been revoked.
If the Director‑General of the Australian Secret Intelligence Service revokes a technical assistance request, the Director‑General of the Australian Secret Intelligence Service must, within 7 days after revoking the request, notify the Inspector‑General of Intelligence and Security that the request has been revoked.
If the Director‑General of the Australian Signals Directorate revokes a technical assistance request, the Director‑General of the Australian Signals Directorate must, within 7 days after revoking the request, notify the Inspector‑General of Intelligence and Security that the request has been revoked.
If the chief officer of an interception agency revokes a technical assistance request, the chief officer must, within 7 days after revoking the request, notify the following person that the request has been revoked:
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 (6), (7), (8) or (9) does not affect the validity of a revocation of a technical assistance request.
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