Revocation of technical assistance notices
317R Revocation of technical assistance notices
If a technical assistance notice 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 notice.
If a technical assistance notice has been given to a person by the Director‑General of Security, and the Director‑General of Security is satisfied that:
the requirements imposed by the notice are not reasonable and proportionate; or
compliance with the notice is not:
practicable; and
technically feasible;
the Director‑General of Security must, by written notice given to the person, revoke the notice.
If a technical assistance notice 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 notice.
If a technical assistance notice has been given to a person by the chief officer of an interception agency, and the chief officer is satisfied that:
the requirements imposed by the notice are not reasonable and proportionate; or
compliance with the notice is not:
practicable; and
technically feasible;
the chief officer must, by written notice given to the person, revoke the notice.
Notification obligations
If the Director‑General of Security revokes a technical assistance notice, the Director‑General of Security must, within 7 days after revoking the notice, notify the Inspector‑General of Intelligence and Security that the notice has been revoked.
If the chief officer of an interception agency revokes a technical assistance notice, the chief officer must, within 7 days after revoking the notice, notify the following person that the notice has been revoked: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 (5) or (6) does not affect the validity of a revocation of a technical assistance notice.
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