Telecommunications Act 1997

If a technical assistance notice has been given to a designated communications provider by the Director‑General of Security, the Director‑General of Security may vary the notice.

If a technical assistance notice has been given to a designated communications provider by the chief officer of an interception agency, the chief officer may vary the notice.

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 chief officer of an interception agency, the Director‑General of Security 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 (5), the Director‑General of Security or the chief officer of an interception agency makes a written record of a variation, the Director‑General of Security 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.

If a variation is made in writing by the Director‑General of Security or the chief officer of an interception agency, the Director‑General of Security or the chief officer, as the case requires, must:

give a copy of the variation to the designated communications provider concerned; and

do so as soon as practicable after the variation was made.

The acts or things specified in a varied technical assistance notice must be:

in connection with any or all of the eligible activities of the designated communications provider concerned; and

covered by subsection 317L(2).

The acts or things specified in a varied technical assistance notice must be 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 317L(2).

For listed acts or things, see section 317E.

The Director‑General of Security or the chief officer of an interception agency must not vary a technical assistance notice unless the Director‑General of Security or the chief officer, as the case requires, is satisfied that:

the requirements imposed by the varied notice are reasonable and proportionate; and

compliance with the varied notice is:

practicable; and

technically feasible.

See also section 317RA.

A variation of a technical assistance notice must not extend the period for which the notice is in force.

If the Director‑General of Security varies a technical assistance notice, the Director‑General of Security must, within 7 days after varying the notice, notify the Inspector‑General of Intelligence and Security that the notice has been varied.

If the chief officer of an interception agency varies a technical assistance notice, the chief officer must, within 7 days after varying the notice, notify the following person that the notice 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 (12) or (13) does not affect the validity of a variation of a technical assistance notice.