Notification obligations
317ZKA Notification obligations
If the Director‑General of Security makes a declaration under paragraph 317ZK(1)(c), (3)(d) or (6A)(a), the Director‑General of Security must, within 7 days after making the declaration, notify the Inspector‑General of Intelligence and Security of the making of the declaration.
If the chief officer of an interception agency makes a declaration under paragraph 317ZK(1)(d), (3)(e) or (6A)(b), the chief officer must, within 7 days after making the declaration, notify the following person of the making of the declaration:
if the interception agency is the Australian Crime Commission—the Inspector‑General of Intelligence and Security;
otherwise—the Commonwealth Ombudsman.
If:
the Attorney‑General makes a declaration under paragraph 317ZK(1)(e), (3)(f) or (6A)(c) in relation to a technical capability notice; and
the acts or things specified in the 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);
the Attorney‑General must, within 7 days after making the declaration, notify the Inspector‑General of Intelligence and Security of the making of the declaration.
Subsection (4A) applies if:
the Attorney‑General makes a declaration under paragraph 317K(1)(e), (3)(f) or (6A)(c) in relation to a technical capability notice; and
the acts or things specified in the 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 making the declaration, notify the following person of the making of the declaration:
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 (1), (2), (3) or (4A) does not affect the validity of a declaration under:
paragraph 317ZK(1)(c); or
paragraph 317ZK(1)(d); or
paragraph 317ZK(1)(e); or
paragraph 317ZK(3)(d); or
paragraph 317ZK(3)(e); or
paragraph 317ZK(3)(f); or
paragraph 317ZK(6A)(a); or
paragraph 317ZK(6A)(b); or
paragraph 317ZK(6A)(c).
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