Telecommunications Act 1997

If a technical capability notice has been given to a designated communications provider, the Attorney‑General must not vary the notice unless:

both:

the Attorney‑General has given the Minister a written notice setting out a proposal to vary the technical capability notice; and

the Minister has approved the variation of the technical capability notice; or

the provider has waived compliance with subsection 317Y(2) in relation to the variation of the technical capability notice.

An approval under subparagraph (1)(a)(ii) may be given:

orally; or

in writing.

If an approval under subparagraph (1)(a)(ii) is given orally, the Minister must:

make a written record of the approval; and

do so within 48 hours after the approval was given.

The Attorney‑General may make a representation to the Minister about the proposal to vary the technical capability notice.

A representation may deal with:

any of the matters set out in section 317ZAA; and

such other matters (if any) as the Attorney‑General considers relevant.

In considering whether to approve the variation of the technical capability notice, the Minister must have regard to the following matters:

the objectives of the notice as proposed to be varied;

the legitimate interests of the designated communications provider to whom the notice relates;

the impact of the notice as proposed to be varied on the efficiency and international competitiveness of the Australian telecommunications industry;

the representation (if any) that was made under subsection (4);

such other matters (if any) as the Minister considers relevant.