Telecommunications Act 1997

If a technical capability notice has been given to a person, the Attorney‑General may, by written notice given to the person, revoke the notice.

If a technical capability notice has been given to a person, and the Attorney‑General 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;

If:

the Attorney‑General revokes a technical capability notice; and

the acts or things specified in the revoked notice:

are directed towards ensuring that a designated communications provider is capable of giving listed help (within the meaning of section 317T) to ASIO in relation to a matter covered by paragraph 317T(2)(a); or

are by way of giving help to ASIO in relation to a matter covered by paragraph 317T(2)(b);

Subsection (4A) applies if:

the Attorney‑General revokes a technical capability notice; and

the acts or things specified in the revoked notice:

are directed towards ensuring that a designated communications provider is capable of giving listed help (within the meaning of section 317T) to an interception agency in relation to a matter covered by paragraph 317T(2)(a); or

are by way of giving help to an interception agency in relation to a matter covered by paragraph 317T(2)(b).

The Attorney‑General must, within 7 days after revoking the notice, notify the following person that the notice has been revoked: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 (3) or (4A) does not affect the validity of a revocation of a technical capability notice.