Telecommunications Act 1997

The Attorney‑General must not give a technical capability notice to a designated communications provider unless the Attorney‑General has first:

given the provider a written notice (the consultation notice):

setting out a proposal to give the technical capability notice; and

inviting the provider to make a submission to the Attorney‑General on the proposed technical capability notice; and

considered any submission that was received within the time limit specified in the consultation notice.

A time limit specified in a consultation notice must run for at least 28 days.

The rule in subsection (2) does not apply to a technical capability notice given to a designated communications provider if:

the Attorney‑General is satisfied that the technical capability notice should be given as a matter of urgency; or

compliance with subsection (2) is impracticable; or

the provider waives compliance with subsection (2).

For the purposes of paragraph (3)(c), a designated communications provider may waive compliance:

orally; or

in writing.

If compliance is waived orally by a designated communications provider, the provider must:

make a written record of the waiver; and

do so within 48 hours after the waiver was made.

If, under subsection (5), a designated communications provider makes a written record of the waiver, the provider must:

give a copy of the record to the Attorney‑General; and

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

Subsection (1) does not apply to a technical capability notice proposed to be given to a designated communications provider if:

the requirements imposed by the proposed technical capability notice are the same, or substantially the same, as the requirements imposed by another technical capability notice that has previously been given to the provider; and

the proposed technical capability notice is to come into force immediately after the expiry of the other technical capability notice.

Before giving a designated communications provider a technical capability notice that satisfies the following conditions:

the requirements imposed by the technical capability notice are the same, or substantially the same, as the requirements imposed by another technical capability notice that has previously been given to the provider;

the first‑mentioned technical capability notice is to come into force immediately after the expiry of the other technical capability notice;

The rule in subsection (8) does not apply to a technical capability notice given to a designated communications provider if the provider waives compliance with subsection (8).