(daaaa) decisions under Telecommunications Act 1997;Part 15 of the

(a) the total number of technical assistance requests given by the Director-General under paragraph 317G(1)(a) of the Telecommunications Act 1997 during the period; and

(b) the total number of technical assistance notices given by the Director-General under Telecommunications Act 1997 during the period; andsection 317L of the

(c) the total number of technical capability notices given by the Attorney-General under Telecommunications Act 1997 during the period that relate to the Organisation.section 317T of the

(a) are directed towards ensuring that a designated communications provider (within the meaning of Telecommunications Act 1997) is capable of giving listed help (within the meaning of section 317T of that Act) to the Organisation in relation to a matter covered by paragraph 317T(2)(a) of that Act; orPart 15 of the

(b) are by way of giving help to the Organisation in relation to a matter covered by paragraph 317T(2)(b) of the Telecommunications Act 1997.

is in accordance with a technical assistance request; or

is in compliance with a technical assistance notice; or

is in compliance with a technical capability notice.

in compliance with a technical assistance notice; or

in compliance with a technical capability notice;

(a) review the operation, effectiveness and implications of the amendments made by the Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018; and

do so as soon as practicable after the 18-month period beginning on the day that Act receives the Royal Assent.

in the case of ASIO—safeguarding national security; or

in the case of the Australian Secret Intelligence Service—the interests of Australia’s national security, the interests of Australia’s foreign relations or the interests of Australia’s national economic well-being; or

in the case of the Australian Signals Directorate—providing material, advice and other assistance on matters relating to the security and integrity of information that is processed, stored or communicated by electronic or similar means; or

in the case of an interception agency—enforcing the criminal law, so far as it relates to serious Australian offences; or

in the case of an interception agency—assisting the enforcement of the criminal laws in force in a foreign country, so far as those laws relate to serious foreign offences.

in the case of ASIO—safeguarding national security; or

in the case of the Australian Secret Intelligence Service—the interests of Australia’s national security, the interests of Australia’s foreign relations or the interests of Australia’s national economic well-being; or

in the case of the Australian Signals Directorate—providing material, advice and other assistance on matters relating to the security and integrity of information that is processed, stored or communicated by electronic or similar means; or

in the case of an interception agency—enforcing the criminal law, so far as it relates to serious Australian offences; or

in the case of an interception agency—assisting the enforcement of the criminal laws in force in a foreign country, so far as those laws relate to serious foreign offences.

enforcing the criminal law, so far as it relates to serious Australian offences; or

assisting the enforcement of the criminal laws in force in a foreign country, so far as those laws relate to serious foreign offences; or

safeguarding national security.

enforcing the criminal law, so far as it relates to serious Australian offences; or

assisting the enforcement of the criminal laws in force in a foreign country, so far as those laws relate to serious foreign offences; or

safeguarding national security.

enforcing the criminal law, so far as it relates to serious Australian offences; or

assisting the enforcement of the criminal laws in force in a foreign country, so far as those laws relate to serious foreign offences; or

safeguarding national security.

access that is subject to a pre-condition (for example, the use of a password); and

access by way of push technology; and

access by way of a standing request.

authentication; and

encryption.

is a staff member of the Australian Signals Directorate; or

has entered into a contract, agreement or arrangement with the Australian Signals Directorate; or

is an employee or agent of a person who has entered into a contract, agreement or arrangement with the Australian Signals Directorate.

is a staff member or agent of the Australian Secret Intelligence Service; or

has entered into a contract, agreement or arrangement with the Australian Secret Intelligence Service; or

is an employee or agent of a person who has entered into a contract, agreement or arrangement with the Australian Secret Intelligence Service.

when used in relation to ASIO—includes giving help to an ASIO employee or an ASIO affiliate; or

when used in relation to the Australian Secret Intelligence Service—includes giving help to a staff member of the Australian Secret Intelligence Service; or

when used in relation to the Australian Signals Directorate—includes giving help to a staff member of the Australian Signals Directorate; or

when used in relation to an interception agency—includes giving help to an officer of the agency.

the Australian Federal Police; or

the Australian Crime Commission; or

the Police Force of a State or the Northern Territory.

whether in the form of text; or

whether in the form of data; or

whether in the form of speech, music or other sounds; or

whether in the form of visual images (moving or otherwise); or

whether in any other form; or

whether in any combination of forms.

the Commonwealth Ombudsman; or

a Deputy Commonwealth Ombudsman; or

(c) a person who is a member of the staff referred to in subsection 31(1) of the Ombudsman Act 1976.

when used in relation to:

a facility; or

customer equipment; or

a component;

when used in relation to software—includes provide, grant or confer rights, privileges or benefits.

(a) for the purposes of this Part, a particular carriage service, so far as the service is used, or is likely to be used, (whether directly or indirectly) by a particular person, is a target technology that is connected with that person; and

(b) for the purposes of this Part, a particular electronic service, so far as the service is used, or is likely to be used, (whether directly or indirectly) by a particular person, is a target technology that is connected with that person; and

for the purposes of this Part, particular software installed, or to be installed, on:

a particular computer; or

a particular item of equipment;

for the purposes of this Part, a particular update of software that has been installed on:

a particular computer; or

a particular item of equipment;

(e) for the purposes of this Part, a particular item of customer equipment used, or likely to be used, (whether directly or indirectly) by a particular person is a target technology that is connected with that person; and

(f) for the purposes of this Part, a particular data processing device used, or likely to be used, (whether directly or indirectly) by a particular person is a target technology that is connected with that person.

information about any of the following:

the giving of a technical assistance notice;

consultation relating to the giving of a technical assistance notice;

the existence or non-existence of a technical assistance notice;

the variation of a technical assistance notice;

the revocation of a technical assistance notice;

the requirements imposed by a technical assistance notice;

any act or thing done in compliance with a technical assistance notice; or

any other information about a technical assistance notice.

information about any of the following:

the giving of a technical assistance request;

the existence or non-existence of a technical assistance request;

the acts or things covered by a technical assistance request;

any act or thing done in accordance with a technical assistance request; or

any other information about a technical assistance request.

information about any of the following:

the giving of a technical capability notice;

consultation relating to the giving of a technical capability notice;

the existence or non-existence of a technical capability notice;

the variation of a technical capability notice;

consultation relating to the variation of a technical capability notice;

the revocation of a technical capability notice;

the requirements imposed by a technical capability notice;

any act or thing done in compliance with a technical capability notice; or

any other information about a technical capability notice.

(a) designated communications provider; and

(b) the eligible activities of a designated communications provider.

a service that allows end-users to access material using a carriage service; or

a service that delivers material to persons having equipment appropriate for receiving that material, where the delivery of the service is by means of a carriage service;

a broadcasting service; or

(d) a datacasting service (within the meaning of the Broadcasting Services Act 1992).

in isolation; or

in conjunction with one or more other things.

removing one or more forms of electronic protection that are or were applied by, or on behalf of, the provider; or

providing technical information; or

installing, maintaining, testing or using software or equipment; or

ensuring that information obtained in connection with the execution of a warrant or authorisation is given in a particular format; or

an act or thing done to assist in, or facilitate:

giving effect to a warrant or authorisation under a law of the Commonwealth, a State or a Territory; or

the effective receipt of information in connection with a warrant or authorisation under a law of the Commonwealth, a State or a Territory; or

facilitating or assisting access to whichever of the following are the subject of eligible activities of the provider:

a facility;

customer equipment;

a data processing device;

a listed carriage service;

a service that facilitates, or is ancillary or incidental to, the supply of a listed carriage service;

an electronic service;

a service that facilitates, or is ancillary or incidental to, the provision of an electronic service;

software used, for use, or likely to be used, in connection with a listed carriage service;

software used, for use, or likely to be used, in connection with an electronic service;

software that is capable of being installed on a computer, or other equipment, that is, or is likely to be, connected to a telecommunications network; or

assisting with the testing, modification, development or maintenance of a technology or capability; or

notifying particular kinds of changes to, or developments affecting, eligible activities of the designated communications provider, if the changes are relevant to the execution of a warrant or authorisation; or

modifying, or facilitating the modification of, any of the characteristics of a service provided by the designated communications provider; or

substituting, or facilitating the substitution of, a service provided by the designated communications provider for:

another service provided by the provider; or

a service provided by another designated communications provider; or

an act or thing done to conceal the fact that any thing has been done covertly in the performance of a function, or the exercise of a power, conferred by a law of the Commonwealth, a State or a Territory, so far as the function or power relates to:

enforcing the criminal law, so far as it relates to serious Australian offences; or

assisting the enforcement of the criminal laws in force in a foreign country, so far as those laws relate to serious foreign offences; or

the interests of Australia’s national security, the interests of Australia’s foreign relations or the interests of Australia’s national economic well-being.

making a false or misleading statement; or

engaging in dishonest conduct.

any of the following persons:

the Director-General of Security;

the Director-General of the Australian Secret Intelligence Service;

the Director-General of the Australian Signals Directorate;

the chief officer of an interception agency;

are in connection with any or all of the eligible activities of the provider; and

are covered by subsection (2); and

the provider does an act or thing:

in accordance with the request; or

in good faith purportedly in accordance with the request;

the provider is not subject to any civil liability for, or in relation to, the act or thing mentioned in paragraph (b); and

an officer, employee or agent of the provider is not subject to any civil liability for, or in relation to, an act or thing done by the officer, employee or agent in connection with the act or thing mentioned in paragraph (b).

be directed towards ensuring that the designated communications provider is capable of giving help to:

in a case where the request is made by the Director-General of Security—ASIO; or

in a case where the request is made by the Director-General of the Australian Secret Intelligence Service—the Australian Secret Intelligence Service; or

in a case where the request is made by the Director-General of the Australian Signals Directorate—the Australian Signals Directorate; or

in a case where the request is made by the chief officer of an interception agency—the agency;

the performance of a function, or the exercise of a power, conferred by or under a law of the Commonwealth, a State or a Territory, so far as the function or power relates to a relevant objective; or

a matter that facilitates, or is ancillary or incidental to, a matter covered by subparagraph (v); or

be by way of giving help to:

in a case where the request is made by the Director-General of Security—ASIO; or

in a case where the request is made by the Director-General of the Australian Secret Intelligence Service—the Australian Secret Intelligence Service; or

in a case where the request is made by the Director-General of the Australian Signals Directorate—the Australian Signals Directorate; or

in a case where the request is made by the chief officer of an interception agency—the agency;

the performance of a function, or the exercise of a power, conferred by or under a law of the Commonwealth, a State or a Territory, so far as the function or power relates to a relevant objective; or

a matter that facilitates, or is ancillary or incidental to, a matter covered by subparagraph (v).

in relation to a technical assistance request given by the Director-General of Security—safeguarding national security; or

in relation to a technical assistance request given by the Director-General of the Australian Secret Intelligence Service—the interests of Australia’s national security, the interests of Australia’s foreign relations or the interests of Australia’s national economic well-being; or

(c) in relation to a technical assistance request given by the Director-General of the Australian Signals Directorate—providing material, advice and other assistance to a person or body mentioned in subsection 7(2) of the Intelligence Services Act 2001 on matters relating to the security and integrity of information that is processed, stored or communicated by electronic or similar means; or

in relation to a technical assistance request given by the chief officer of an interception agency:

enforcing the criminal law, so far as it relates to serious Australian offences; or

assisting the enforcement of the criminal laws in force in a foreign country, so far as those laws relate to serious foreign offences.

are in connection with any or all of the eligible activities of the provider; and

are covered by subsection (2).

orally; or

in writing.

an imminent risk of serious harm to a person or substantial damage to property exists; and

the technical assistance request is necessary for the purpose of dealing with that risk; and

it is not practicable in the circumstances to give the technical assistance request in writing.

the Director-General of Security; or

the Director-General of the Australian Secret Intelligence Service; or

the Director-General of the Australian Signals Directorate; or

the chief officer of an interception agency;

make a written record of the request; and

do so within 48 hours after the request was given.

the Director-General of Security; or

the Director-General of the Australian Secret Intelligence Service; or

the Director-General of the Australian Signals Directorate; or

the chief officer of an interception agency;

give a copy of the record to the designated communications provider concerned; and

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

the Director-General of Security; or

the Director-General of the Australian Secret Intelligence Service; or

the Director-General of the Australian Signals Directorate; or

the chief officer of an interception agency;

orally; or

in writing.

the Director-General of Security; or

the Director-General of the Australian Secret Intelligence Service; or

the Director-General of the Australian Signals Directorate; or

the chief officer of an interception agency;

make a written record of the advice; and

do so within 48 hours after the advice was given.

comes in force:

when it is given; or

if a later time is specified in the request—at that later time; and

unless sooner revoked, remains in force:

if an expiry date is specified in the request—until the start of the expiry date; or

otherwise—at end of the 90-day period beginning when the request was given.

in a specified manner; or

in a way that meets one or more specified conditions.

the request is reasonable and proportionate; and

compliance with the request is:

practicable; and

technically feasible.

the request is reasonable and proportionate; and

compliance with the request is:

practicable; and

technically feasible.

the request is reasonable and proportionate; and

compliance with the request is:

practicable; and

technically feasible.

the request is reasonable and proportionate; and

compliance with the request is:

practicable; and

technically feasible.

orally; or

in writing.

an imminent risk of serious harm to a person or substantial damage to property exists; and

the variation is necessary for the purpose of dealing with that risk; and

it is not practicable in the circumstances to make the variation in writing.

the Director-General of Security; or

the Director-General of the Australian Secret Intelligence Service; or

the Director-General of the Australian Signals Directorate; or

the chief officer of an interception agency;

make a written record of the variation; and

do so within 48 hours after the variation was made.

the Director-General of Security; or

the Director-General of the Australian Secret Intelligence Service; or

the Director-General of the Australian Signals Directorate; or

the chief officer of an interception agency;

give a copy of the record to the designated communications provider concerned; and

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

in connection with any or all of the eligible activities of the designated communications provider concerned; and

covered by subsection 317G(2).

are in connection with any or all of the eligible activities of the designated communications provider concerned; and

are covered by subsection 317G(2).

the varied request is reasonable and proportionate; and

compliance with the varied request is:

practicable; and

technically feasible.

the varied request is reasonable and proportionate; and

compliance with the varied request is:

practicable; and

technically feasible.

the varied request is reasonable and proportionate; and

compliance with the varied request is:

practicable; and

technically feasible.

the varied request is reasonable and proportionate; and

compliance with the varied request is:

practicable; and

technically feasible.

the request is not reasonable and proportionate; or

compliance with the request is not:

practicable; and

technically feasible;

the request is not reasonable and proportionate; or

compliance with the request is not:

practicable; and

technically feasible;

the request is not reasonable and proportionate; or

compliance with the request is not:

practicable; and

technically feasible;

the request is not reasonable and proportionate; or

compliance with the request is not:

practicable; and

technically feasible;

the interests of national security;

the interests of law enforcement;

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

the objectives of the request;

the availability of other means to achieve the objectives of the request;

whether the request, when compared to other forms of industry assistance known to the Director-General of Security, the Director-General of the Australian Secret Intelligence Service, the Director-General of the Australian Signals Directorate or the chief officer, as the case requires, is the least intrusive form of industry assistance so far as the following persons are concerned:

persons whose activities are not of interest to ASIO;

persons whose activities are not of interest to the Australian Secret Intelligence Service;

persons whose activities are not of interest to the Australian Signals Directorate;

persons whose activities are not of interest to interception agencies;

whether the request is necessary;

the legitimate expectations of the Australian community relating to privacy and cybersecurity;

such other matters (if any) as the Director-General of Security, the Director-General of the Australian Secret Intelligence Service, the Director-General of the Australian Signals Directorate or the chief officer, as the case requires, considers relevant.

the Director-General of Security;

the Director-General of the Australian Secret Intelligence Service;

the Director-General of the Australian Signals Directorate;

the chief officer of an interception agency;

are in connection with any or all of the eligible activities of the provider; and

are covered by subsection (2).

in a case where the technical assistance notice is given by the Director-General of Security—ASIO; or

in a case where the technical assistance notice is given by the chief officer of an interception agency—the agency;

the performance of a function, or the exercise of a power, conferred by or under a law of the Commonwealth, a State or a Territory, so far as the function or power relates to:

enforcing the criminal law, so far as it relates to serious Australian offences; or

assisting the enforcement of the criminal laws in force in a foreign country, so far as those laws relate to serious foreign offences; or

safeguarding national security; or

a matter that facilitates, or is ancillary or incidental to, a matter covered by paragraph (c).

are in connection with any or all of the eligible activities of the provider; and

are covered by subsection (2).

the chief officer has given the AFP Commissioner a written notice setting out a proposal to give the technical assistance notice; and

the AFP Commissioner has approved the giving of the technical assistance notice.

orally; or

in writing.

make a written record of the approval; and

do so within 48 hours after the approval was given.

orally; or

in writing.

an imminent risk of serious harm to a person or substantial damage to property exists; and

the technical assistance notice is necessary for the purpose of dealing with that risk; and

it is not practicable in the circumstances to give the technical assistance notice in writing.

make a written record of the notice; and

do so within 48 hours after the notice was given.

give a copy of the record to the designated communications provider concerned; and

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

the chief officer of an interception agency gives a technical assistance notice to a designated communications provider; and

the provider has a right to make a complaint about the conduct of the chief officer, or the interception agency, in relation to the notice to:

the Commonwealth Ombudsman; or

an authority that is the State or Territory inspecting agency in relation to the interception agency;

orally; or

in writing.

make a written record of the advice or notification; and

do so within 48 hours after the advice or notification was given.

comes in force:

when it is given; or

if a later time is specified in the notice—at that later time; and

unless sooner revoked, remains in force:

if an expiry date is specified in the notice—until the start of the expiry date; or

otherwise—at end of the 90-day period beginning when the notice was given.

in a specified manner; or

in a way that meets one or more specified conditions.

the requirements imposed by the notice are reasonable and proportionate; and

compliance with the notice is:

practicable; and

technically feasible.

the Director-General of Security is satisfied that the technical assistance notice should be given as a matter of urgency; or

the provider waives compliance with subsection (1).

the chief officer is satisfied that the technical assistance notice should be given as a matter of urgency; or

the provider waives compliance with subsection (1).

orally; or

in writing.

an imminent risk of serious harm to a person or substantial damage to property exists; and

the variation is necessary for the purpose of dealing with that risk; and

it is not practicable in the circumstances to make the variation in writing.

make a written record of the variation; and

do so within 48 hours after the variation was made.

give a copy of the record to the designated communications provider concerned; and

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

give a copy of the variation to the designated communications provider concerned; and

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

in connection with any or all of the eligible activities of the designated communications provider concerned; and

covered by subsection 317L(2).

are in connection with any or all of the eligible activities of the designated communications provider concerned; and

are covered by subsection 317L(2).

the requirements imposed by the varied notice are reasonable and proportionate; and

compliance with the varied notice is:

practicable; and

technically feasible.

the requirements imposed by the notice are not reasonable and proportionate; or

compliance with the notice is not:

practicable; and

technically feasible;

the requirements imposed by the notice are not reasonable and proportionate; or

compliance with the notice is not:

practicable; and

technically feasible;

the interests of national security;

the interests of law enforcement;

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

the objectives of the notice;

the availability of other means to achieve the objectives of the notice;

whether the requirements, when compared to other forms of industry assistance known to the Director-General of Security or the chief officer, as the case requires, are the least intrusive form of industry assistance so far as the following persons are concerned:

persons whose activities are not of interest to ASIO;

persons whose activities are not of interest to interception agencies;

whether the requirements are necessary;

the legitimate expectations of the Australian community relating to privacy and cybersecurity;

such other matters (if any) as the Director-General of Security or the chief officer, as the case requires, considers relevant.

are in connection with any or all of the eligible activities of the provider; and

are covered by subsection (2).

be directed towards ensuring that the designated communications provider is capable of giving listed help to ASIO, or an interception agency, in relation to:

the performance of a function, or the exercise of a power, conferred by or under a law of the Commonwealth, a State or a Territory, so far as the function or power relates to a relevant objective; or

a matter that facilitates, or is ancillary or incidental to, a matter covered by subparagraph (i); or

be by way of giving help to ASIO, or an interception agency, in relation to:

the performance of a function, or the exercise of a power, conferred by or under a law of the Commonwealth, a State or a Territory, so far as the function or power relates to a relevant objective; or

a matter that facilitates, or is ancillary or incidental to, a matter covered by subparagraph (i).

enforcing the criminal law, so far as it relates to serious Australian offences; or

assisting the enforcement of the criminal laws in force in a foreign country, so far as those laws relate to serious foreign offences; or

safeguarding national security.

are by way of giving help to ASIO or an interception agency; and

are in connection with any or all of the eligible activities of the provider; and

consist of either or both of the following:

one or more listed acts or things (other than an act or thing covered by paragraph 317E(1)(a));

one or more acts or things of a kind determined under subsection (5);

the interests of law enforcement;

the interests of national security;

the objects of this Act;

the likely impact of the determination on designated communications providers;

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

are in connection with any or all of the eligible activities of the provider; and

are covered by subsection (2), so far as that subsection relates to paragraph (2)(b).

by name; or

as any person from time to time holding, occupying, or performing the duties of, a specified office or position.

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

the Minister has approved the giving of the technical capability notice.

orally; or

in writing.

make a written record of the approval; and

do so within 48 hours after the approval was given.

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

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

the objectives of the notice;

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

the impact of the notice 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.

orally; or

in writing.

make a written record of the advice; and

do so within 48 hours after the advice was given.

the Attorney-General gives 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 gives 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);

comes in force:

when it is given; or

if a later time is specified in the notice—at that later time; and

unless sooner revoked, remains in force:

if an expiry date is specified in the notice—until the start of the expiry date; or

otherwise—at end of the 180-day period beginning when the notice was given.

the Attorney-General extends the period for which a technical capability notice is in force; 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 extends the period for which a technical capability notice is in force; 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);

in a specified manner; or

in a way that meets one or more specified conditions.

the Attorney-General is satisfied that the requirements imposed by the notice are reasonable and proportionate; and

the Attorney-General is satisfied that compliance with the notice is:

practicable; and

technically feasible.

(a) 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.

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).

orally; or

in writing.

make a written record of the waiver; and

do so within 48 hours after the waiver was made.

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

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

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.

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;

has knowledge that would enable the person to assess whether proposed technical capability notices would contravene section 317ZG; and

is cleared for security purposes to:

the highest level required by staff members of ASIO; or

such lower level as the Attorney-General approves.

has served as a judge in one or more prescribed courts for a period of 5 years; and

no longer holds a commission as a judge of a prescribed court.

carry out an assessment of whether the proposed technical capability notice should be given; and

prepare a report of the assessment; and

give a copy of the report to:

the Attorney-General; and

the designated communications provider concerned; and

if the acts or things specified in the proposed technical capability notice:

are directed towards ensuring that the 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);

if the acts or things specified in the proposed technical capability notice:

are directed towards ensuring that the 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);

consider:

whether the proposed technical capability notice would contravene section 317ZG; and

whether the requirements imposed by the proposed technical capability notice are reasonable and proportionate; and

whether compliance with the proposed technical capability notice is practicable; and

whether compliance with the proposed technical capability notice is technically feasible; and

whether the proposed technical capability notice is the least intrusive measure that would be effective in achieving the legitimate objective of the proposed technical capability notice; and

give the greatest weight to the matter mentioned in subparagraph (a)(i).

the provider; and

if the acts or things specified in the proposed technical capability 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);

if the acts or things specified in the proposed technical capability 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 assessors have begun to carry out an assessment under paragraph (6)(a) in relation to a technical capability notice proposed to be given to a designated communications provider; and

the provider informs the Attorney-General that the provider no longer wants the assessment to be carried out;

the Attorney-General must direct the assessors to cease carrying out the assessment; and

the assessors must comply with the direction.

the assessors have begun to carry out an assessment under paragraph (6)(a); and

the Attorney-General withdraws the proposed technical capability notice to which the assessment relates;

the Attorney-General must direct the assessors to cease carrying out the assessment; and

the assessors must comply with the direction.

a notice is given under subsection (1) in relation to a technical capability notice proposed to be given to a designated communications provider; and

a copy of the report relating to the proposed technical capability notice is given to the Attorney-General under subsection (6);

information about the carrying out of an assessment under subsection (6); or

information contained in a report prepared under subsection (6);

the High Court; or

the Federal Court of Australia; or

the Supreme Court of a State or Territory; or

the District Court (or equivalent) of a State or Territory.

in connection with any or all of the eligible activities of the designated communications provider concerned; and

covered by subsection 317T(2).

are in connection with any or all of the eligible activities of the designated communications provider concerned; and

are covered by subsection 317T(2), so far as that subsection relates to paragraph 317T(2)(b).

the requirements imposed by the varied notice are reasonable and proportionate; and

compliance with the varied notice is:

practicable; and

technically feasible.

the Attorney-General varies a technical capability notice; and

the acts or things specified in the varied 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 varies a technical capability notice; and

the acts or things specified in the varied 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);

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.

orally; or

in writing.

make a written record of the approval; and

do so within 48 hours after the approval was given.

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

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

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.

(a) 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.

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).

orally; or

in writing.

make a written record of the waiver; and

do so within 48 hours after the waiver was made.

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

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

a consultation notice is given to a designated communications provider under subsection 317Y(1) in relation to a proposed variation of a technical capability notice; and

the variation is not of a minor nature;

has knowledge that would enable the person to assess whether proposed technical capability notices would contravene section 317ZG; and

is cleared for security purposes to:

the highest level required by staff members of ASIO; or

such lower level as the Attorney-General approves.

has served as a judge in one or more prescribed courts for a period of 5 years; and

no longer holds a commission as a judge of a prescribed court.

carry out an assessment of whether the technical capability notice as proposed to be varied would contravene section 317ZG; and

prepare a report of the assessment; and

give a copy of the report to:

the Attorney-General; and

the designated communications provider concerned; and

if the acts or things specified in the technical capability notice as proposed to be varied:

are directed towards ensuring that the 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);

if the acts or things specified in the technical capability notice as proposed to be varied:

are directed towards ensuring that the 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 designated communications provider concerned; and

if the acts or things specified in the technical capability notice as proposed to be varied:

are directed towards ensuring that the 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);

if the acts or things specified in the technical capability notice as proposed to be varied:

are directed towards ensuring that the 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 assessors have begun to carry out an assessment under paragraph (6)(a) in relation to the technical capability notice as proposed to be varied; and

the designated communications provider concerned informs the Attorney-General that the provider no longer wants the assessment to be carried out;

the Attorney-General must direct the assessors to cease carrying out the assessment; and

the assessors must comply with the direction.

the assessors have begun to carry out an assessment under paragraph (6)(a); and

the Attorney-General withdraws the proposed variation of the technical capability notice concerned;

the Attorney-General must direct the assessors to cease carrying out the assessment; and

the assessors must comply with the direction.

a notice is given under subsection (1) in relation to a proposed variation of a technical capability notice; and

a copy of the report relating to the technical capability notice as proposed to be varied is given to the Attorney-General under subsection (6);

information about the carrying out of an assessment under subsection (6); or

information contained in a report prepared under subsection (6);

the High Court; or

the Federal Court of Australia; or

the Supreme Court of a State or Territory; or

the District Court (or equivalent) of a State or Territory.

the requirements imposed by the notice are not reasonable and proportionate; or

compliance with the notice is not:

practicable; and

technically feasible;

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);

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 interests of national security;

the interests of law enforcement;

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

the objectives of the notice;

the availability of other means to achieve the objectives of the notice;

whether the requirements, when compared to other forms of industry assistance known to the Attorney-General, are the least intrusive form of industry assistance so far as the following persons are concerned:

persons whose activities are not of interest to ASIO;

persons whose activities are not of interest to interception agencies;

whether the requirements are necessary;

the legitimate expectations of the Australian community relating to privacy and cybersecurity;

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

a technical assistance notice; or

a technical capability notice;

aid, abet, counsel or procure a contravention of subsection (1); or

induce, whether by threats or promises or otherwise, a contravention of subsection (1); or

be in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of subsection (1); or

conspire with others to effect a contravention of subsection (1).

a technical assistance notice; or

a technical capability notice;

if the provider is a body corporate—47,619 penalty units; or

if the provider is not a body corporate—238 penalty units.

if the provider is a body corporate—47,619 penalty units; or

if the provider is not a body corporate—238 penalty units.

a requirement under a technical assistance notice to do an act or thing in a foreign country; or

a requirement under a technical capability notice to do an act or thing in a foreign country;

every external Territory; and

acts, omissions, matters and things outside Australia.

every external Territory; and

acts, omissions, matters and things outside Australia.

every external Territory; and

acts, omissions, matters and things outside Australia.

the person discloses information; and

the person is or was:

a designated communications provider; or

an employee of a designated communications provider; or

a contracted service provider of a designated communications provider; or

an employee of a contracted service provider of a designated communications provider; or

an entrusted ASIO person; or

an entrusted ASIS person; or

an entrusted ASD person; or

an officer of an interception agency; or

an officer or employee of the Commonwealth, a State or a Territory; or

a person appointed under subsection 317WA(2); or

a person appointed under subsection 317YA(2); or

an arbitrator appointed under section 317ZK; and

the information:

is technical assistance notice information; or

is technical capability notice information; or

is technical assistance request information; or

was obtained in accordance with a technical assistance notice; or

was obtained in accordance with a technical capability notice; or

was obtained in accordance with a technical assistance request; and

if the information is covered by subparagraph (c)(i), (ii) or (iii)—the information has come to the person’s knowledge, or into the person’s possession:

if the person is or was a designated communications provider—in connection with the person’s capacity as such a provider; or

if the person is or was an employee of a designated communications provider—because the person is or was employed by the provider in connection with its business as such a provider; or

if the person is or was a contracted service provider of a designated communications provider—in connection with the person’s business as such a contracted service provider; or

if the person is or was an employee of a contracted service provider of a designated communications provider—because the person is or was employed by the contractor in connection with its business as such a contracted service provider; or

if the person is or was an entrusted ASIO person—in the person’s capacity as such an entrusted ASIO person; or

if the person is or was an entrusted ASIS person—in the person’s capacity as such an entrusted ASIS person; or

if the person is or was an entrusted ASD person—in the person’s capacity as such an entrusted ASD person; or

if the person is or was an officer of an interception agency—in the person’s capacity as such an officer; or

if the person is or was an officer or employee of the Commonwealth, a State or a Territory—in the person’s capacity as such an officer or employee; or

if the person is or was a person appointed under subsection 317WA(2)—in the person’s capacity as such an appointee; or

if the person is or was a person appointed under subsection 317YA(2)—in the person’s capacity as such an appointee; or

if the person is or was an arbitrator appointed under section 317ZK—in the person’s capacity as such an arbitrator; and

if the information is covered by subparagraph (c)(iv), (v) or (vi)—the information has come to the person’s knowledge, or into the person’s possession:

if the person is or was an entrusted ASIO person—in the person’s capacity as such an entrusted ASIO person; or

if the person is or was an entrusted ASIS person—in the person’s capacity as such an entrusted ASIS person; or

if the person is or was an entrusted ASD person—in the person’s capacity as such an entrusted ASD person; or

if the person is or was an officer of an interception agency—in the person’s capacity as such an officer; or

if the person is or was an officer or employee of the Commonwealth, a State or a Territory—in the person’s capacity as such an officer or employee; or

if the person is or was an arbitrator appointed under section 317ZK—in the person’s capacity as such an arbitrator.

in connection with the administration or execution of this Part; or

for the purposes of any legal proceedings arising out of or otherwise related to this Part or of any report of any such proceedings; or

in accordance with any requirement imposed by a law of the Commonwealth, a State or a Territory; or

in connection with the performance of functions, or the exercise of powers, by:

ASIO; or

the Australian Secret Intelligence Service; or

the Australian Signals Directorate; or

an interception agency; or

for the purpose of obtaining legal advice in relation to this Part; or

to an IGIS official for the purpose of exercising powers, or performing functions or duties, as an IGIS official; or

to an Ombudsman official for the purpose of exercising powers, or performing functions or duties, as an Ombudsman official.

any other provision of this Act, so far as that other provision relates to this Part; and

(b) the Regulatory Powers (Standard Provisions) Act 2014, so far as that Act relates to this Part.

technical assistance notice information; or

technical capability notice information; or

technical assistance request information;

technical assistance notice information; or

technical capability notice information; or

technical assistance request information;

technical assistance notice information; or

technical capability notice information; or

technical assistance request information;

technical assistance notice information; or

technical capability notice information; or

technical assistance request information;

technical assistance notice information; or

technical capability notice information; or

technical assistance request information;

technical assistance notice information; or

technical capability notice information; or

technical assistance request information;

technical assistance notice information; or

technical capability notice information; or

technical assistance request information;

technical assistance notice information; or

technical capability notice information; or

technical assistance request information;

the Attorney-General has given 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 of a State or Territory in relation to a matter covered by paragraph 317T(2)(a); or

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

the designated communications provider; or

an employee of the designated communications provider; or

a contracted service provider of the designated communications provider; or

an employee of a contracted service provider of the designated communications provider;

the designated communications provider; or

an employee of the designated communications provider; or

a contracted service provider of the designated communications provider; or

an employee of a contracted service provider of the designated communications provider;

technical assistance notice information is disclosed under subsection (12B); or

technical assistance request information is disclosed under subsection (12C);

a designated communications provider; or

an employee of a designated communications provider; or

a contracted service provider of a designated communications provider; or

an employee of a contracted service provider of a designated communications provider;

the total number of technical assistance notices given to the provider during a period of at least 6 months; or

the total number of technical capability notices given to the provider during a period of at least 6 months; or

the total number of technical assistance requests given to the provider during a period of at least 6 months.

by agency; or

in any other way.

the designated communications provider; or

a specified employee of the designated communications provider; or

a specified contracted service provider of the designated communications provider; or

a specified employee of a contracted service provider of the designated communications provider;

the designated communications provider; or

a specified employee of the designated communications provider; or

a specified contracted service provider of the designated communications provider; or

a specified employee of a contracted service provider of the designated communications provider;

the designated communications provider; or

a specified employee of the designated communications provider; or

a specified contracted service provider of the designated communications provider; or

a specified employee of a contracted service provider of the designated communications provider;

this Part; or

any other provision of this Act, so far as that other provision relates to this Part; or

(c) the Regulatory Powers (Standard Provisions) Act 2014, so far as that Act relates to this Part;

technical assistance notice information; or

technical capability notice information; or

technical assistance request information;

requesting or requiring a designated communications provider to implement or build a systemic weakness, or a systemic vulnerability, into a form of electronic protection; or

preventing a designated communications provider from rectifying a systemic weakness, or a systemic vulnerability, in a form of electronic protection.

a designated communications provider supplies a particular kind of telecommunications service; and

the service involves, or will involve, the use of a telecommunications system;

has the capability to enable a communication passing over the system to be intercepted in accordance with an interception warrant; or

has the capability to transmit lawfully intercepted information to the delivery points applicable in respect of that kind of service; or

has a delivery capability.

(a) information of a kind specified in or under Telecommunications (Interception and Access) Act 1979; orsection 187AA of the

documents containing information of that kind;

states an address to which a communication was sent on the internet, from a telecommunications device, using an internet access service provided by the provider; and

was obtained by the provider only as a result of providing the service.

(a) the Telecommunications (Interception and Access) Act 1979;

(b) the Surveillance Devices Act 2004;

(c) the Crimes Act 1914;

(d) the Australian Security Intelligence Organisation Act 1979;

a law of the Commonwealth (other than this Part) that is not covered by paragraph (a), (b), (c) or (d);

a law of a State or Territory.

assume that each law mentioned in that subsection applied both within and outside Australia; and

assume that each reference in Part 13 to a carriage service provider included a reference to a designated communications provider.

(a) use a surveillance device (within the meaning of the Surveillance Devices Act 2004); or

(b) access data held in a computer (within the meaning of the Surveillance Devices Act 2004);

ASIO; or

an interception agency;

in the case of a technical assistance request—a matter covered by subparagraph 317G(2)(b)(v) or (vi); or

in the case of a technical assistance notice—a matter covered by paragraph 317L(2)(c) or (d); or

in the case of a technical capability notice—a matter covered by subparagraph 317T(2)(b)(i) or (ii);

assist in, or facilitate, giving effect to a warrant or authorisation under a law of the Commonwealth, a State or a Territory; or

give effect to a warrant or authorisation under a law of the Commonwealth.

ASIO; or

an interception agency;

assist in, or facilitate, giving effect to a warrant or authorisation under a law of the Commonwealth, a State or a Territory; or

give effect to a warrant or authorisation under a law of the Commonwealth.

if the agency is ASIO—the request was given by the Director-General of Security; or

if the agency is the Australian Secret Intelligence Service—the request was given by the Director-General of the Australian Secret Intelligence Service; or

if the agency is the Australian Signals Directorate—the request was given by the Director-General of the Australian Signals Directorate; or

if the agency is an interception agency—the request was given by the chief officer of the interception agency.

if the agency is ASIO—the notice was given by the Director-General of Security; or

if the agency is an interception agency—the notice was given by the chief officer of the interception agency.

if the agency is ASIO—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); or

if the agency is an interception agency—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 the interception agency in relation to a matter covered by paragraph 317T(2)(a); or

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

ASIO; or

the Australian Secret Intelligence Service; or

the Australian Signals Directorate; or

an interception agency.

if the agency is ASIO:

the Director-General of Security; or

an ASIO employee; or

if the agency is the Australian Secret Intelligence Service:

the Director-General of the Australian Secret Intelligence Service; or

a staff member of the Australian Secret Intelligence Service; or

if the agency is the Australian Signals Directorate:

the Director-General of the Australian Signals Directorate; or

a staff member of the Australian Signals Directorate; or

if the agency is an interception agency:

the chief officer of the interception agency; or

an officer of the interception agency.

in compliance; or

in good faith in purported compliance;

a technical assistance notice; or

a technical capability notice.

in compliance; or

in good faith in purported compliance;

a technical assistance notice; or

a technical capability notice.

a technical assistance notice; or

a technical capability notice;

in the case of a requirement under a technical assistance notice given by the Director-General of Security—the Director-General of Security declares in writing that the Director-General of Security is satisfied that it would be contrary to the public interest for this section to apply to the requirement; or

in the case of a requirement under a technical assistance notice given by the chief officer of an interception agency—the chief officer declares in writing that the chief officer is satisfied that it would be contrary to the public interest for this section to apply to the requirement; or

in the case of a requirement under a technical capability notice—the Attorney-General declares in writing that the Attorney-General is satisfied that it would be contrary to the public interest for this section to apply to the requirement.

in the case of a requirement under a technical assistance notice given by the chief officer of an interception agency or a requirement under a technical capability notice that relates to an interception agency—the interests of law enforcement;

in the case of a requirement under a technical assistance notice given by the Director-General of Security or a requirement under a technical capability notice that relates to ASIO—the interests of national security;

the objects of this Act;

the extent to which compliance with the requirement will impose a regulatory burden on the provider;

the reasons for the giving of the technical assistance notice or technical capability notice, as the case requires;

such other matters (if any) as the Director-General of Security, the chief officer or the Attorney-General, as the case may be, considers relevant.

profits from complying with the requirement; nor

bears the reasonable costs of complying with the requirement;

the provider and the applicable costs negotiator otherwise agree; or

in the case of a requirement under a technical assistance notice given by the Director-General of Security—the Director-General of Security declares in writing that the Director-General of Security is satisfied that it would be contrary to the public interest for this subsection to apply to the requirement; or

in the case of a requirement under a technical assistance notice given by the chief officer of an interception agency—the chief officer declares in writing that the chief officer is satisfied that it would be contrary to the public interest for this subsection to apply to the requirement; or

in the case of a requirement under a technical capability notice—the Attorney-General declares in writing that the Attorney-General is satisfied that it would be contrary to the public interest for this subsection to apply to the requirement.

in the case of a requirement under a technical assistance notice given by the chief officer of an interception agency or a requirement under a technical capability notice that relates to an interception agency—the interests of law enforcement;

in the case of a requirement under a technical assistance notice given by the Director-General of Security or a requirement under a technical capability notice that relates to ASIO—the interests of national security;

the objects of this Act;

the extent to which compliance with the requirement will impose a regulatory burden on the provider;

the reasons for the giving of the technical assistance notice or technical capability notice, as the case requires;

such other matters (if any) as the Director-General of Security, the chief officer or the Attorney-General, as the case may be, considers relevant.

agreed between the following parties:

the provider;

the applicable costs negotiator; or

failing agreement, determined by an arbitrator appointed by the parties.

the parties fail to agree on the appointment of an arbitrator; and

one of the parties is a carrier or carriage service provider;

the parties fail to agree on the appointment of an arbitrator; and

none of the parties is a carrier or carriage service provider;

in the case of a requirement under a technical assistance notice given by the Director-General of Security—the Director-General of Security declares in writing that the Director-General of Security is satisfied that it would be contrary to the public interest for subsection (4) to apply to the requirement; or

in the case of a requirement under a technical assistance notice given by the chief officer of an interception agency—the chief officer declares in writing that the chief officer is satisfied that it would be contrary to the public interest for subsection (4) to apply to the requirement; or

in the case of a requirement under a technical capability notice—the Attorney-General declares in writing that the Attorney-General is satisfied that it would be contrary to the public interest for subsection (4) to apply to the requirement.

in the case of a requirement under a technical assistance notice given by the chief officer of an interception agency or a requirement under a technical capability notice that relates to an interception agency—the interests of law enforcement;

in the case of a requirement under a technical assistance notice given by the Director-General of Security or a requirement under a technical capability notice that relates to ASIO—the interests of national security;

the objects of this Act;

the extent to which compliance with the requirement will impose a regulatory burden on the provider;

the reasons for the giving of the technical assistance notice or technical capability notice, as the case requires;

such other matters (if any) as the Director-General of Security, the chief officer or the Attorney-General, as the case may be, considers relevant.

a person specified under subsection (8); or

a person who belongs to a class of persons specified under subsection (11).

in the case of a requirement under a technical assistance notice given by the Director-General of Security—the Director-General of Security; or

in the case of a requirement under a technical assistance notice given by the chief officer of an interception agency—the chief officer; or

in the case of a requirement under a technical capability notice—the person specified in the notice, in accordance with subsection 317T(12), as the applicable costs negotiator for 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).

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

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

paragraph (1)(c); or

paragraph (1)(d); or

paragraph (3)(d); or

paragraph (3)(e); or

paragraph (6A)(a); or

paragraph (6A)(b);

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 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);

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).

a summons or process in any proceedings under, or connected with, this Part; or

(b) a summons or process in any proceedings under, or connected with, the Regulatory Powers (Standard Provisions) Act 2014, so far as that Act relates to this Part; or

a technical assistance notice or any other notice under this Part; or

(d) a notice under the Regulatory Powers (Standard Provisions) Act 2014, so far as that Act relates to this Part; or

a technical capability notice.

the summons, process or notice, as the case may be, is required to be served on, or given to, a designated communications provider; and

the designated communications provider has nominated an address for service in a document given by the provider to:

the Attorney-General; or

the Communications Access Co-ordinator; or

the Director-General of Security; or

the chief officer of an interception agency;

the summons, process or notice, as the case may be, is required to be served on, or given to, a designated communications provider; and

the designated communications provider has nominated an electronic address for service in a document given by the provider to:

the Attorney-General; or

the Communications Access Co-ordinator; or

the Director-General of Security; or

the chief officer of an interception agency;

the summons, process or notice, as the case may be, is required to be served on, or given to, a body corporate incorporated outside Australia; and

the body corporate does not have a registered office or a principal office in Australia; and

the body corporate has an agent in Australia;

the summons, process or notice, as the case may be, is required to be served on, or given to, a body corporate incorporated outside Australia; and

the body corporate does not have a registered office or a principal office in Australia; and

the body corporate carries on business, or conducts activities, at an address in Australia;

(a) Acts Interpretation Act 1901; andsection 28A of the

sections 587 and 588 of this Act.

(a) chief officer of an interception agency; and

(b) officer of an interception agency.

is a staff member of the Australian Secret Intelligence Service; and

holds, or is acting in, a position in the Australian Secret Intelligence Service that is equivalent to, or higher than, a position occupied by an SES employee.

who is a staff member of the Australian Signals Directorate; and

who:

is an SES employee, or acting SES employee, in the Australian Signals Directorate; or

holds, or is acting in, a position in the Australian Signals Directorate that is equivalent to, or higher than, a position occupied by an SES employee.

each House of the Parliament;

the members of each House of the Parliament;

the committees of each House of the Parliament and joint committees of both Houses of the Parliament.

the agency; and

the chief officer of the agency; and

officers of the agency.

prejudice an investigation or prosecution; or

compromise any interception agency’s operational activities or methodologies.

the Commonwealth Ombudsman makes a report under subsection (3); and

the report relates to an inspection under subsection (1) of the records of an interception agency of a State or Territory;

prejudice an investigation or prosecution; or

compromise any interception agency’s operational activities or methodologies.

the number of technical assistance requests that were given during the year ending on that 30 June by the chief officers of interception agencies; and

the number of technical assistance notices that were given during the year ending on that 30 June by the chief officers of interception agencies; and

the number of technical capability notices that were:

given during the year ending on that 30 June; and

directed towards ensuring that designated communications providers are capable of giving help to interception agencies; and

if any technical assistance requests, technical assistance notices or technical capability notices given during the year ending on that 30 June related to the enforcement of the criminal law so far as it relates to one or more kinds of serious Australian offences—those kinds of serious Australian offences.

in the case of a contravention of subsection 317ZA(1) or (2)—47,619 penalty units for each contravention; or

(a) the performance of a function, or the exercise of a power, conferred by Telecommunications Act 1997 is in connection with an interception warrant; andPart 15 of the

a Commonwealth agency has records that relate to the performance of that function or the exercise of that power;

(a) the performance of a function, or the exercise of a power, conferred by Telecommunications Act 1997 is in connection with:Part 15 of the

a stored communications warrant; or

an authorisation under Division 3, 4 or 4A of Part 4-1; and

an enforcement agency has records that relate to the performance of that function or the exercise of that power;

if, having regard to other methods (if any) of obtaining access to the relevant data which are likely to be as effective, it is reasonable in all the circumstances to do so:

using any other computer or a communication in transit to access the relevant data; and

if necessary to achieve that purpose—adding, copying, deleting or altering other data in the computer or the communication in transit;

removing a computer or other thing from premises for the purposes of doing any thing specified in the warrant in accordance with this subsection, and returning the computer or other thing to the premises;

intercepting a communication passing over a telecommunications system, if the interception is for the purposes of doing any thing specified in the warrant in accordance with this subsection;

the warrant authorises the removal of a computer or other thing from premises as mentioned in paragraph (4)(ac); and

a computer or thing is removed from the premises in accordance with the warrant;

if returning the computer or thing would be prejudicial to security—when returning the computer or thing would no longer be prejudicial to security; or

otherwise—within a reasonable period.

the warrant; or

this subsection;

any thing reasonably necessary to conceal the fact that any thing has been done under the warrant or under this subsection;

enter any premises where the computer is reasonably believed to be, for the purposes of doing the things mentioned in paragraph (c);

enter any other premises for the purposes of gaining entry to or exiting the premises referred to in paragraph (d);

remove the computer or another thing from any place where it is situated for the purposes of doing the things mentioned in paragraph (c), and returning the computer or other thing to that place;

if, having regard to other methods (if any) of doing the things mentioned in paragraph (c) which are likely to be as effective, it is reasonable in all the circumstances to do so:

use any other computer or a communication in transit to do those things; and

if necessary to achieve that purpose—add, copy, delete or alter other data in the computer or the communication in transit;

intercept a communication passing over a telecommunications system, if the interception is for the purposes of doing any thing mentioned in this subsection;

any other thing reasonably incidental to any of the above;

at any time while the warrant is in force or within 28 days after it ceases to be in force;

if none of the things mentioned in paragraph (c) are done within the 28-day period mentioned in paragraph (j)—at the earliest time after that 28-day period at which it is reasonably practicable to do the things mentioned in paragraph (c).

materially interfere with, interrupt or obstruct:

a communication in transit; or

the lawful use by other persons of a computer;

cause any other material loss or damage to other persons lawfully using a computer.

if returning the computer or thing would be prejudicial to security—when returning the computer or thing would no longer be prejudicial to security; or

otherwise—within a reasonable period.

a warrant under this section that authorises the Organisation to do acts or things referred to in subsection 25A(4); or

this subsection;

any thing reasonably necessary to conceal the fact that any thing has been done under the warrant or under this subsection;

enter any premises where the computer is reasonably believed to be, for the purposes of doing the things mentioned in paragraph (c);

enter any other premises for the purposes of gaining entry to or exiting the premises referred to in paragraph (d);

remove the computer or another thing from any place where it is situated for the purposes of doing the things mentioned in paragraph (c), and returning the computer or other thing to that place;

if, having regard to other methods (if any) of doing the things mentioned in paragraph (c) which are likely to be as effective, it is reasonable in all the circumstances to do so:

use any other computer or a communication in transit to do those things; and

if necessary to achieve that purpose—add, copy, delete or alter other data in the computer or the communication in transit;

intercept a communication passing over a telecommunications system, if the interception is for the purposes of doing any thing mentioned in this subsection;

any other thing reasonably incidental to any of the above;

at any time while the warrant is in force or within 28 days after it ceases to be in force;

if none of the things mentioned in paragraph (c) are done within the 28-day period mentioned in paragraph (j)—at the earliest time after that 28-day period at which it is reasonably practicable to do the things mentioned in paragraph (c).

materially interfere with, interrupt or obstruct:

a communication in transit; or

the lawful use by other persons of a computer;

cause any other material loss or damage to other persons lawfully using a computer.

if returning the computer or thing would be prejudicial to security—when returning the computer or thing would no longer be prejudicial to security; or

otherwise—within a reasonable period.

if, having regard to other methods (if any) of obtaining access to the relevant data which are likely to be as effective, it is reasonable in all the circumstances to do so:

use any other computer or a communication in transit for the purpose referred to in paragraph (c); and

if necessary to achieve that purpose—add, copy, delete or alter other data in the computer or the communication in transit;

remove a computer or other thing from premises for the purposes of doing any thing authorised under this subsection, and returning the computer or other thing to the premises;

intercept a communication passing over a telecommunications system, if the interception is for the purposes of doing any thing authorised under this subsection;

an authorisation under subsection (2) authorises the removal of a computer or other thing from premises as mentioned in paragraph (2)(da); and

a computer or thing is removed from the premises in accordance with the authorisation;

if returning the computer or thing would be prejudicial to security—when returning the computer or thing would no longer be prejudicial to security; or

otherwise—within a reasonable period.

a subsection (2) authorisation; or

under this subsection;

any thing reasonably necessary to conceal the fact that any thing has been done under the subsection (2) authorisation or under this subsection;

enter any premises where the computer is reasonably believed to be, for the purposes of doing the things mentioned in paragraph (c);

enter any other premises for the purposes of gaining entry to or exiting the premises referred to in paragraph (d);

remove the computer or another thing from any place where it is situated for the purposes of doing the things mentioned in paragraph (c), and returning the computer or other thing to that place;

if, having regard to other methods (if any) of doing the things mentioned in paragraph (c) which are likely to be as effective, it is reasonable in all the circumstances to do so:

use any other computer or a communication in transit to do those things; and

if necessary to achieve that purpose—add, copy, delete or alter other data in the computer or the communication in transit;

intercept a communication passing over a telecommunications system, if the interception is for the purposes of doing any thing mentioned in this subsection;

any other thing reasonably incidental to any of the above;

at any time while the authorisation is in force or within 28 days after it ceases to be in force;

if none of the things mentioned in paragraph (c) are done within the 28-day period mentioned in paragraph (j)—at the earliest time after that 28-day period at which it is reasonably practicable to do the things mentioned in paragraph (c).

materially interfere with, interrupt or obstruct:

a communication in transit; or

the lawful use by other persons of a computer;

cause any other material loss or damage to other persons lawfully using a computer.

if returning the computer or thing would be prejudicial to security—when returning the computer or thing would no longer be prejudicial to security; or

otherwise—within a reasonable period.

a warrant issued under this Division has ceased to be in force; and

during a prescribed post-cessation period of the warrant, a thing was done under subsection 25A(8), 27A(3C) or 27E(6) in connection with the warrant; and

the thing has not been dealt with in a report under subsection 34(1);

give the Attorney-General a written report on the extent to which doing the thing has assisted the Organisation in carrying out its functions; and

do so as soon as practicable after the end of that period.

a warrant issued under this Division has ceased to be in force; and

as at the end of a prescribed post-cessation period of the warrant, it is likely that a thing will be done under subsection 25A(8), 27A(3C) or 27E(6) in connection with the warrant;

give the Attorney-General a written report on the extent to which doing the thing will assist the Organisation in carrying out its functions; and

do so as soon as practicable after the end of that period.

the 3-month period beginning immediately after the warrant ceased to be in force;

each subsequent 3-month period.

(a) an investigation, or investigative proceeding, relating to a criminal matter involving an offence against the law of a foreign country (the requesting country) that is punishable by a maximum penalty of imprisonment for 3 years or more, imprisonment for life or the death penalty has commenced in the requesting country; and

(b) the requesting country requests the Attorney-General to arrange for access to data held in a computer (the target computer); and

the requesting country has given appropriate undertakings in relation to:

ensuring that data obtained as a result of access under the warrant will only be used for the purpose for which it is communicated to the requesting country; and

the destruction of a document or other thing containing data obtained as a result of access under the warrant; and

any other matter the Attorney-General considers appropriate.

a particular computer;

a computer on particular premises;

a computer associated with, used by or likely to be used by, a person (whose identity may or may not be known).

to establish procedures for law enforcement officers to obtain warrants and emergency authorisations that:

are for access to data held in computers; and

relate to criminal investigations and the location and safe recovery of children to whom recovery orders relate; and

to establish procedures for law enforcement officers to obtain warrants for access to data held in computers in cases where a control order is in force, and access to the data would be likely to substantially assist in:

protecting the public from a terrorist act; or

preventing the provision of support for, or the facilitation of, a terrorist act; or

preventing the provision of support for, or the facilitation of, the engagement in a hostile activity in a foreign country; or

determining whether the control order, or any succeeding control order, has been, or is being, complied with; and

to restrict the use, communication and publication of information that is obtained through accessing data held in computers or that is otherwise connected with computer data access operations; and

prohibits or regulates the use of surveillance devices; or

prohibits or regulates access to data held in computers.

for access to data held in a computer; and

in relation to a relevant offence or a recovery order.

protecting the public from a terrorist act; or

preventing the provision of support for, or the facilitation of, a terrorist act; or

preventing the provision of support for, or the facilitation of, the engagement in a hostile activity in a foreign country; or

determining whether the control order, or any succeeding control order, has been, or is being, complied with.

(a) a carrier within the meaning of the Telecommunications Act 1997; or

a carriage service provider within the meaning of that Act.

one or more computers; or

one or more computer systems; or

one or more computer networks; or

any combination of the above.

information in any form; and

any program (or part of a program).

data held in any removable data storage device for the time being held in a computer; and

data held in a data storage device on a computer network of which the computer forms a part.

an application for a surveillance device warrant; or

an application for a computer access warrant;

a surveillance device warrant; or

a retrieval warrant; or

a computer access warrant.

one or more relevant offences have been, are being, are about to be, or are likely to be, committed; and

an investigation into those offences is being, will be, or is likely to be, conducted; and

(c) access to data held in a computer (the target computer) is necessary, in the course of that investigation, for the purpose of enabling evidence to be obtained of:

the commission of those offences; or

the identity or location of the offenders.

a recovery order is in force; and

(b) the law enforcement officer suspects on reasonable grounds that access to data held in a computer (the target computer) may assist in the location and safe recovery of the child to whom the recovery order relates.

is authorised to do so under a mutual assistance authorisation; and

(b) suspects on reasonable grounds that access to data held in a computer (the target computer) is necessary, in the course of the investigation or investigative proceeding to which the authorisation relates, for the purpose of enabling evidence to be obtained of:

the commission of the offence to which the authorisation relates; or

the identity or location of the persons suspected of committing the offence.

an integrity authority is in effect authorising an integrity operation in relation to an offence that it is suspected has been, is being or is likely to be committed by a staff member of a target agency; and

(b) the federal law enforcement officer suspects on reasonable grounds that access to data held in a computer (the target computer) will assist the conduct of the integrity operation by enabling evidence to be obtained relating to the integrity, location or identity of any staff member of the target agency.

a control order is in force in relation to a person; and

(b) the law enforcement officer suspects on reasonable grounds that access to data held in a computer (the target computer) to obtain information relating to the person would be likely to substantially assist in:

protecting the public from a terrorist act; or

preventing the provision of support for, or the facilitation of, a terrorist act; or

preventing the provision of support for, or the facilitation of, the engagement in a hostile activity in a foreign country; or

determining whether the control order, or any succeeding control order, has been, or is being, complied with.

must specify:

the name of the applicant; and

the nature and duration of the warrant sought; and

subject to this section, must be supported by an affidavit setting out the grounds on which the warrant is sought.

immediate access to data held in the target computer referred to in subsection (1) is necessary as described in paragraph (1)(c); and

it is impracticable for an affidavit to be prepared or sworn before an application for a warrant is made;

provide as much information as the eligible Judge or nominated AAT member considers is reasonably practicable in the circumstances; and

not later than 72 hours after the making of the application, send a duly sworn affidavit to the eligible Judge or nominated AAT member, whether or not a warrant has been issued.

immediate access to data held in the target computer referred to in subsection (3) may assist as described in paragraph (3)(b); and

it is impracticable for an affidavit to be prepared or sworn before an application for a warrant is made;

provide as much information as the eligible Judge or nominated AAT member considers is reasonably practicable in the circumstances; and

not later than 72 hours after the making of the application, send a duly sworn affidavit to the eligible Judge or nominated AAT member, whether or not a warrant has been issued.

immediate access to data held in the target computer referred to in subsection (6) would be likely to substantially assist as described in paragraph (6)(b); and

it is impracticable for an affidavit to be prepared or sworn before an application for a warrant is made;

provide as much information as the eligible Judge or nominated AAT member considers is reasonably practicable in the circumstances; and

not later than 72 hours after the making of the application, send a duly sworn affidavit to the eligible Judge or nominated AAT member, whether or not a warrant has been issued.

a particular computer;

a computer on particular premises;

a computer associated with, used by or likely to be used by, a person (whose identity may or may not be known).

in the case of a warrant sought in relation to a relevant offence—that there are reasonable grounds for the suspicion founding the application for the warrant; and

in the case of a warrant sought in relation to a recovery order—that such an order is in force and that there are reasonable grounds for the suspicion founding the application for the warrant; and

in the case of a warrant sought in relation to a mutual assistance authorisation—that such an authorisation is in force and that there are reasonable grounds for the suspicion founding the application for the warrant; and

in the case of a warrant sought for the purposes of an integrity operation—that the integrity authority for the operation is in effect, and that there are reasonable grounds for the suspicions founding the application for the warrant (as mentioned in paragraphs 27A(5)(a) and (b)); and

in the case of a control order access warrant—that a control order is in force in relation to a person, and that access to data held in the relevant target computer to obtain information relating to the person would be likely to substantially assist in:

protecting the public from a terrorist act; or

preventing the provision of support for, or the facilitation of, a terrorist act; or

preventing the provision of support for, or the facilitation of, the engagement in a hostile activity in a foreign country; or

determining whether the control order, or any succeeding control order, has been, or is being, complied with; and

in the case of an unsworn application—that it would have been impracticable for an affidavit to have been sworn or prepared before the application was made; and

in the case of a remote application—that it would have been impracticable for the application to have been made in person.

in the case of a warrant sought in relation to a relevant offence or a mutual assistance authorisation, or for the purposes of an integrity operation—the nature and gravity of the alleged offence; and

in the case of a warrant sought to assist in the location and safe recovery of a child to whom a recovery order relates—the circumstances that gave rise to the making of the order; and

the extent to which the privacy of any person is likely to be affected; and

the existence of any alternative means of obtaining the evidence or information sought to be obtained; and

in the case of a warrant sought in relation to a relevant offence or a recovery order, or for the purposes of an integrity operation—the likely evidentiary or intelligence value of any evidence or information sought to be obtained; and

in the case of a warrant sought in relation to a mutual assistance authorisation—the likely evidentiary or intelligence value of any evidence or information sought to be obtained, to the extent that this is possible to determine from information obtained from the foreign country to which the authorisation relates; and

in the case of a control order access warrant issued on the basis of a control order that is in force in relation to a person—the likely value of the information sought to be obtained, in:

protecting the public from a terrorist act; or

preventing the provision of support for, or the facilitation of, a terrorist act; or

preventing the provision of support for, or the facilitation of, the engagement in a hostile activity in a foreign country; or

determining whether the control order, or any succeeding control order, has been, or is being, complied with; and

in the case of a control order access warrant issued on the basis of a control order that is in force in relation to a person—whether the access to data held in the relevant target computer in accordance with the warrant would be the means of obtaining the evidence or information sought to be obtained, that is likely to have the least interference with any person’s privacy; and

in the case of a control order access warrant issued on the basis of a control order that is in force in relation to a person—the possibility that the person:

has engaged, is engaging, or will engage, in a terrorist act; or

has provided, is providing, or will provide, support for a terrorist act; or

has facilitated, is facilitating, or will facilitate, a terrorist act; or

has provided, is providing, or will provide, support for the engagement in a hostile activity in a foreign country; or

has facilitated, is facilitating, or will facilitate, the engagement in a hostile activity in a foreign country; or

has contravened, is contravening, or will contravene, the control order; or

will contravene a succeeding control order; and

in the case of a warrant sought in relation to a relevant offence or a recovery order—any previous warrant sought or issued under this Division in connection with the same alleged offence or the same recovery order; and

in the case of a control order access warrant issued on the basis of a control order that is in force in relation to a person—any previous control order access warrant sought or issued on the basis of a control order relating to the person.

state that the eligible Judge or nominated AAT member issuing the warrant is satisfied of the matters referred to in subsection 27C(1) and has had regard to the matters referred to in subsection 27C(2); and

specify:

the name of the applicant; and

if the warrant relates to one or more alleged relevant offences—the alleged offences in respect of which the warrant is issued; and

if the warrant relates to a recovery order—the date the order was made and the name of the child to whom the order relates; and

if the warrant relates to a mutual assistance authorisation—the offence or offences against the law of a foreign country to which the authorisation relates; and

if the warrant is issued for the purposes of an integrity operation—the integrity authority for the operation and each alleged relevant offence in relation to which the authority was granted; and

the date the warrant is issued; and

if the target computer is or includes a particular computer—the computer; and

if the target computer is or includes a computer on particular premises—the premises; and

if the target computer is or includes a computer associated with, used by or likely to be used by, a person—the person (whether by name or otherwise); and

the period during which the warrant is in force (see subsection (3)); and

the name of the law enforcement officer primarily responsible for executing the warrant; and

any conditions subject to which things may be done under the warrant.

the name of the person;

the date the control order was made;

whether the control order is an interim control order or a confirmed control order.

for a period of no more than 90 days; or

if the warrant is issued for the purposes of an integrity operation—for a period of no more than 21 days.

inform the applicant of:

the terms of the warrant; and

the date on which, and the time at which, the warrant was issued; and

give the warrant to the applicant while retaining a copy of the warrant for the person’s own record.