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 the Attorney‑General has first:

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

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

inviting the provider to make a submission to the Attorney‑General on the proposed variation; 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.

If a technical capability notice has been given to a designated communications provider, the rule in subsection (2) does not apply to a variation of the notice if:

the Attorney‑General is satisfied that the technical capability notice should be varied 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.