Commonwealth: Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018 (Cth)

Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018 No. 148, 2018 Compilation No. 1 Compilation date: 1 September 2021 Includes amendments up to: Act No. 13, 2021 Registered: 6 November 2021 About this compilation This compilation This is a compilation of the Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018 that shows the text of the law as amended and in force on 1 September 2021 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents 1 Short title 2 Commencement 3 Schedules Schedule 1—Industry assistance Part 1—Amendments Administrative Decisions (Judicial Review) Act 1977 Australian Security Intelligence Organisation Act 1979 Criminal Code Act 1995 Independent National Security Legislation Monitor Act 2010 Telecommunications Act 1997 Telecommunications (Interception and Access) Act 1979 Part 2—Amendments contingent on the commencement of the Federal Circuit and Family Court of Australia Act 2021 Telecommunications Act 1997 Schedule 2—Computer access warrants etc. Part 1—Amendments Australian Security Intelligence Organisation Act 1979 Mutual Assistance in Criminal Matters Act 1987 Surveillance Devices Act 2004 Telecommunications Act 1997 Telecommunications (Interception and Access) Act 1979 Part 2—Application provisions Part 3—Amendments contingent on the commencement of the Crimes Legislation Amendment (International Crime Cooperation and Other Measures) Act 2018 International Criminal Court Act 2002 International War Crimes Tribunals Act 1995 Surveillance Devices Act 2004 Schedule 3—Search warrants issued under the Crimes Act 1914 Crimes Act 1914 Schedule 4—Search warrants issued under the Customs Act 1901 Customs Act 1901 Schedule 5—Australian Security Intelligence Organisation Australian Security Intelligence Organisation Act 1979 Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act to amend the law relating to telecommunications, computer access warrants and search warrants, and for other purposes 1 Short title This Act is the Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 8 December 2018 2. Schedule 1, Part 1 The day after this Act receives the Royal Assent. 9 December 2018 3. Schedule 1, Part 2 The later of: 1 September 2021 (a) immediately after the commencement of Part 1 of Schedule 1 to this Act; and (paragraph (b) applies) (b) immediately after the commencement of section 3 of the Federal Circuit and Family Court of Australia Act 2021. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. 4. Schedule 2, Parts 1 and 2 The day after this Act receives the Royal Assent. 9 December 2018 5. Schedule 2, Part 3 The later of: 9 December 2018 (a) immediately after the commencement of Part 1 of Schedule 2 to this Act; and (paragraph (a) applies) (b) immediately after the commencement of Part 6 of Schedule 1 to the Crimes Legislation Amendment (International Crime Cooperation and Other Measures) Act 2018. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. 6. Schedules 3, 4 and 5 The day after this Act receives the Royal Assent. 9 December 2018 Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 3 Schedules Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. Schedule 1—Industry assistance Part 1—Amendments Administrative Decisions (Judicial Review) Act 1977 1 After paragraph (daaa) of Schedule 1 Insert: (daaaa) decisions under Part 15 of the Telecommunications Act 1997; Australian Security Intelligence Organisation Act 1979 1A After subsection 94(2B) Insert: (2BA) A report under subsection (1) must also include a statement of: (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 section 317L of the Telecommunications Act 1997 during the period; and (c) the total number of technical capability notices given by the Attorney‑General under section 317T of the Telecommunications Act 1997 during the period that relate to the Organisation. (2BB) For the purposes of paragraph (2BA)(c), a technical capability notice relates to the Organisation if the acts or things specified in the notice: (a) are directed towards ensuring that a designated communications provider (within the meaning of Part 15 of the 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; or (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. Criminal Code Act 1995 2 After subsection 474.6(7) of the Criminal Code Insert: (7A) A person is not criminally responsible for an offence against subsection (5) if the conduct of the person: (a) is in accordance with a technical assistance request; or (b) is in compliance with a technical assistance notice; or (c) is in compliance with a technical capability notice. 3 After subparagraph 476.2(4)(b)(iii) of the Criminal Code Insert: or (iv) in accordance with a technical assistance request; or (v) in compliance with a technical assistance notice; or (vi) in compliance with a technical capability notice; 4 Dictionary in the Criminal Code Insert: technical assistance notice has the same meaning as in Part 15 of the Telecommunications Act 1997. technical assistance request has the same meaning as in Part 15 of the Telecommunications Act 1997. technical capability notice has the same meaning as in Part 15 of the Telecommunications Act 1997. Independent National Security Legislation Monitor Act 2010 4A At the end of subsection 6(1) Add: ; (e) the function conferred by subsection (1D). 4B Before subsection 6(2) Insert: (1D) The Independent National Security Legislation Monitor must: (a) review the operation, effectiveness and implications of the amendments made by the Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018; and (b) do so as soon as practicable after the 18‑month period beginning on the day that Act receives the Royal Assent. Telecommunications Act 1997 5 Section 7 Insert: ASIO means the Australian Security Intelligence Organisation. 6 Section 7 (paragraph (a) of the definition of civil penalty provision) After "this Act" (first occurring), insert "(other than section 317ZB)". 7 After Part 14 Insert: Part 15—Industry assistance Division 1—Introduction 317A Simplified outline of this Part • 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 of an interception agency may give a technical assistance request to a designated communications provider. • A technical assistance request may ask the provider to do acts or things on a voluntary basis that are directed towards ensuring that the provider is capable of giving certain types of help to ASIO, the Australian Secret Intelligence Service, the Australian Signals Directorate or an interception agency in relation to: (a) in the case of ASIO—safeguarding national security; or (b) 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 (c) 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 (d) in the case of an interception agency—enforcing the criminal law, so far as it relates to serious Australian offences; or (e) 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. • A technical assistance request may ask the provider to give help to ASIO, the Australian Secret Intelligence Service, the Australian Signals Directorate or an interception agency on a voluntary basis in relation to: (a) in the case of ASIO—safeguarding national security; or (b) 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 (c) 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 (d) in the case of an interception agency—enforcing the criminal law, so far as it relates to serious Australian offences; or (e) 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. • The Director‑General of Security or the chief officer of an interception agency may give a designated communications provider a notice, to be known as a technical assistance notice, that requires the provider to do acts or things by way of giving certain types of help to ASIO or the agency in relation to: (a) enforcing the criminal law, so far as it relates to serious Australian offences; or (b) assisting the enforcement of the criminal laws in force in a foreign country, so far as those laws relate to serious foreign offences; or (c) safeguarding national security. • The Attorney‑General may give a designated communications provider a notice, to be known as a technical capability notice. • A technical capability notice may require the provider to do acts or things directed towards ensuring that the provider is capable of giving certain types of help to ASIO or an interception agency in relation to: (a) enforcing the criminal law, so far as it relates to serious Australian offences; or (b) assisting the enforcement of the criminal laws in force in a foreign country, so far as those laws relate to serious foreign offences; or (c) safeguarding national security. • A technical capability notice may require the provider to do acts or things by way of giving certain types of help to ASIO or an interception agency in relation to: (a) enforcing the criminal law, so far as it relates to serious Australian offences; or (b) assisting the enforcement of the criminal laws in force in a foreign country, so far as those laws relate to serious foreign offences; or (c) safeguarding national security. 317B Definitions In this Part: access, when used in relation to material, includes: (a) access that is subject to a pre‑condition (for example, the use of a password); and (b) access by way of push technology; and (c) access by way of a standing request. ASIO affiliate has the same meaning as in the Australian Security Intelligence Organisation Act 1979. ASIO employee has the same meaning as in the Australian Security Intelligence Organisation Act 1979. chief officer of an interception agency has the meaning given by section 317ZM. contracted service provider, in relation to a designated communications provider, means a person who performs services for or on behalf of the provider, but does not include a person who performs such services in the capacity of an employee of the provider. designated communications provider has the meaning given by section 317C. electronic protection includes: (a) authentication; and (b) encryption. electronic service has the meaning given by section 317D. eligible activities of a designated communications provider has the meaning given by section 317C. entrusted ASD person means a person who: (a) is a staff member of the Australian Signals Directorate; or (b) has entered into a contract, agreement or arrangement with the Australian Signals Directorate; or (c) is an employee or agent of a person who has entered into a contract, agreement or arrangement with the Australian Signals Directorate. entrusted ASIO person means an entrusted person (within the meaning of the Australian Security Intelligence Organisation Act 1979). entrusted ASIS person means a person who: (a) is a staff member or agent of the Australian Secret Intelligence Service; or (b) has entered into a contract, agreement or arrangement with the Australian Secret Intelligence Service; or (c) is an employee or agent of a person who has entered into a contract, agreement or arrangement with the Australian Secret Intelligence Service. giving help: (a) when used in relation to ASIO—includes giving help to an ASIO employee or an ASIO affiliate; or (b) when used in relation to the Australian Secret Intelligence Service—includes giving help to a staff member of the Australian Secret Intelligence Service; or (c) when used in relation to the Australian Signals Directorate—includes giving help to a staff member of the Australian Signals Directorate; or (d) when used in relation to an interception agency—includes giving help to an officer of the agency. Home Affairs Minister means the Minister administering the Telecommunications (Interception and Access) Act 1979. IGIS official has the same meaning as in the Australian Security Intelligence Organisation Act 1979. interception agency means: (a) the Australian Federal Police; or (b) the Australian Crime Commission; or (c) the Police Force of a State or the Northern Territory. listed act or thing has the meaning given by section 317E. material means material: (a) whether in the form of text; or (b) whether in the form of data; or (c) whether in the form of speech, music or other sounds; or (d) whether in the form of visual images (moving or otherwise); or (e) whether in any other form; or (f) whether in any combination of forms. officer of an interception agency has the meaning given by section 317ZM. Ombudsman official means: (a) the Commonwealth Ombudsman; or (b) 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. serious Australian offence means an offence against a law of the Commonwealth, a State or a Territory that is punishable by a maximum term of imprisonment of 3 years or more or for life. serious foreign offence means an offence against a law in force in a foreign country that is punishable by a maximum term of imprisonment of 3 years or more or for life. staff member, when used in relation to the Australian Secret Intelligence Service or the Australian Signals Directorate, has the same meaning as in the Intelligence Services Act 2001. State or Territory inspecting authority, in relation to an interception agency of a State or Territory, means the authority that, under the law of the State or Territory concerned, has the function of making inspections of a similar kind to those provided for in section 55 of the Surveillance Devices Act 2004 when the interception agency is exercising powers under the law of that State or Territory that is of a similar nature to that Act. supply: (a) when used in relation to: (i) a facility; or (ii) customer equipment; or (iii) a component; includes supply (including re‑supply) by way of sale, exchange, lease, hire or hire‑purchase; and (b) when used in relation to software—includes provide, grant or confer rights, privileges or benefits. systemic vulnerability means a vulnerability that affects a whole class of technology, but does not include a vulnerability that is selectively introduced to one or more target technologies that are connected with a particular person. For this purpose, it is immaterial whether the person can be identified. systemic weakness means a weakness that affects a whole class of technology, but does not include a weakness that is selectively introduced to one or more target technologies that are connected with a particular person. For this purpose, it is immaterial whether the person can be identified. target technology: (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 (c) for the purposes of this Part, particular software installed, or to be installed, on: (i) a particular computer; or (ii) a particular item of 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 (d) for the purposes of this Part, a particular update of software that has been installed on: (i) a particular computer; or (ii) a particular item of 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 (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. For the purposes of paragraphs (a), (b), (c), (d), (e) and (f), it is immaterial whether the person can be identified. technical assistance notice means a notice given under section 317L. technical assistance notice information means: (a) information about any of the following: (i) the giving of a technical assistance notice; (ia) consultation relating to the giving of a technical assistance notice; (ii) the existence or non‑existence of a technical assistance notice; (iii) the variation of a technical assistance notice; (iv) the revocation of a technical assistance notice; (v) the requirements imposed by a technical assistance notice; (vi) any act or thing done in compliance with a technical assistance notice; or (b) any other information about a technical assistance notice. technical assistance request means a request under paragraph 317G(1)(a). technical assistance request information means: (a) information about any of the following: (i) the giving of a technical assistance request; (ii) the existence or non‑existence of a technical assistance request; (iii) the acts or things covered by a technical assistance request; (iv) any act or thing done in accordance with a technical assistance request; or (b) any other information about a technical assistance request. technical capability notice means a notice given under section 317T. technical capability notice information means: (a) information about any of the following: (i) the giving of a technical capability notice; (ii) consultation relating to the giving of a technical capability notice; (iii) the existence or non‑existence of a technical capability notice; (iv) the variation of a technical capability notice; (iva) consultation relating to the variation of a technical capability notice; (v) the revocation of a technical capability notice; (vi) the requirements imposed by a technical capability notice; (vii) any act or thing done in compliance with a technical capability notice; or (b) any other information about a technical capability notice. 317C Designated communications provider etc. For the purposes of this Part, the following table defines: (a) designated communications provider; and (b) the eligible activities of a designated communications provider. Designated communications provider and eligible activities Item A person is a designated communications provider if ... ... and the eligible activities of the person are ... 1 the person is a carrier or carriage service provider (a) the operation by the person of telecommunications networks, or facilities, in Australia; or (b) the supply by the person of listed carriage services 2 the person is a carriage service intermediary who arranges for the supply by a carriage service provider of listed carriage services (a) the arranging by the person for the supply by the carriage service provider of listed carriage services; or (b) the operation by the carriage service provider of telecommunications networks, or facilities, in Australia; or (c) the supply by the carriage service provider of listed carriage services 3 the person provides a service that facilitates, or is ancillary or incidental to, the supply of a listed carriage service the provision by the person of a service that facilitates, or is ancillary or incidental to, the supply of a listed carriage service 4 the person provides an electronic service that has one or more end‑users in Australia the provision by the person of an electronic service that has one or more end‑users in Australia 5 the person provides a service that facilitates, or is ancillary or incidental to, the provision of an electronic service that has one or more end‑users in Australia the provision by the person of a service that facilitates, or is ancillary or incidental to, the provision of an electronic service that has one or more end‑users in Australia 6 the person develops, supplies or updates software used, for use, or likely to be used, in connection with: (a) the development by the person of any such software; or (a) a listed carriage service; or (b) the supply by the person of any such software; or (b) an electronic service that has one or more end‑users in Australia (c) the updating by the person of any such software 7 the person manufactures, supplies, installs, maintains or operates a facility (a) the manufacture by the person of a facility for use, or likely to be used, in Australia; or (b) the supply by the person of a facility for use, or likely to be used, in Australia; or (c) the installation by the person of a facility in Australia; or (d) the maintenance by the person of a facility in Australia; or (e) the operation by the person of a facility in Australia 8 the person manufactures or supplies components for use, or likely to be used, in the manufacture of a facility for use, or likely to be used, in Australia (a) the manufacture by the person of any such components; or (b) the supply by the person of any such components 9 the person connects a facility to a telecommunications network in Australia the connection by the person of a facility to a telecommunications network in Australia 10 the person manufactures or supplies customer equipment for use, or likely to be used, in Australia (a) the manufacture by the person of any such customer equipment; or (b) the supply by the person of any such customer equipment 11 the person manufactures or supplies components for use, or likely to be used, in the manufacture of customer equipment for use, or likely to be used, in Australia (a) the manufacture by the person of any such components; or (b) the supply by the person of any such components 12 the person: (a) any such installation by the person of customer equipment; or (a) installs or maintains customer equipment in Australia; and (b) any such maintenance by the person of customer equipment (b) does so otherwise than in the capacity of end‑user of the equipment 13 the person: any such connection by the person of customer equipment to a telecommunications network in Australia (a) connects customer equipment to a telecommunications network in Australia; and (b) does so otherwise than in the capacity of end‑user of the equipment 14 the person is a constitutional corporation who: (a) the manufacture by the person of data processing devices for use, or likely to be used, in Australia; or (a) manufactures; or (b) the supply by the person of data processing devices for use, or likely to be used, in Australia; or (b) supplies; or (c) the installation by the person of data processing devices in Australia; or (c) installs; or (d) the maintenance by the person of data processing devices in Australia (d) maintains; data processing devices 15 the person is a constitutional corporation who: (a) the development by the person of any such software; or (a) develops; or (b) the supply by the person of any such software; or (b) supplies; or (c) the updating by the person of any such software (c) updates; 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 in Australia Note 1: See also sections 317HAA, 317MAA and 317TAA (provision of advice to designated communications providers). Note 2: See also section 317ZT (alternative constitutional basis). 317D Electronic service (1) For the purposes of this Part, electronic service means: (a) a service that allows end‑users to access material using a carriage service; or (b) 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; but does not include: (c) a broadcasting service; or (d) a datacasting service (within the meaning of the Broadcasting Services Act 1992). (2) For the purposes of subsection (1), service includes a website. (3) For the purposes of this Part, a person does not provide an electronic service merely because the person supplies a carriage service that enables material to be accessed or delivered. (4) For the purposes of this Part, a person does not provide an electronic service merely because the person provides a billing service, or a fee collection service, in relation to an electronic service. (5) A reference in this section to the use of a thing is a reference to the use of the thing either: (a) in isolation; or (b) in conjunction with one or more other things. 317E Listed acts or things (1) For the purposes of the application of this Part to a designated communications provider, listed act or thing means: (a) removing one or more forms of electronic protection that are or were applied by, or on behalf of, the provider; or (b) providing technical information; or (c) installing, maintaining, testing or using software or equipment; or (d) ensuring that information obtained in connection with the execution of a warrant or authorisation is given in a particular format; or (da) an act or thing done to assist in, or facilitate: (i) giving effect to a warrant or authorisation under a law of the Commonwealth, a State or a Territory; or (ii) the effective receipt of information in connection with a warrant or authorisation under a law of the Commonwealth, a State or a Territory; or (e) facilitating or assisting access to whichever of the following are the subject of eligible activities of the provider: (i) a facility; (ii) customer equipment; (iii) a data processing device; (iv) a listed carriage service; (v) a service that facilitates, or is ancillary or incidental to, the supply of a listed carriage service; (vi) an electronic service; (vii) a service that facilitates, or is ancillary or incidental to, the provision of an electronic service; (viii) software used, for use, or likely to be used, in connection with a listed carriage service; (ix) software used, for use, or likely to be used, in connection with an electronic service; (x) 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 (f) assisting with the testing, modification, development or maintenance of a technology or capability; or (g) 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 (h) modifying, or facilitating the modification of, any of the characteristics of a service provided by the designated communications provider; or (i) substituting, or facilitating the substitution of, a service provided by the designated communications provider for: (i) another service provided by the provider; or (ii) a service provided by another designated communications provider; or (j) 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: (i) enforcing the criminal law, so far as it relates to serious Australian offences; or (ii) assisting the enforcement of the criminal laws in force in a foreign country, so far as those laws relate to serious foreign offences; or (iii) the interests of Australia's national security, the interests of Australia's foreign relations or the interests of Australia's national economic well‑being. (2) Paragraph (1)(j) does not apply to: (a) making a false or misleading statement; or (b) engaging in dishonest conduct. 317F Extension to external Territories This Part extends to every external Territory. Division 2—Voluntary technical assistance 317G Voluntary technical assistance provided to ASIO, the Australian Secret Intelligence Service, the Australian Signals Directorate or an interception agency (1) If: (a) any of the following persons: (i) the Director‑General of Security; (ii) the Director‑General of the Australian Secret Intelligence Service; (iii) the Director‑General of the Australian Signals Directorate; (iv) the chief officer of an interception agency; requests a designated communications provider to do one or more specified acts or things that: (v) are in connection with any or all of the eligible activities of the provider; and (vi) are covered by subsection (2); and (b) the provider does an act or thing: (i) in accordance with the request; or (ii) in good faith purportedly in accordance with the request; then: (c) the provider is not subject to any civil liability for, or in relation to, the act or thing mentioned in paragraph (b); and (d) 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). (2) The specified acts or things must: (a) be directed towards ensuring that the designated communications provider is capable of giving help to: (i) in a case where the request is made by the Director‑General of Security—ASIO; or (ii) in a case where the request is made by the Director‑General of the Australian Secret Intelligence Service—the Australian Secret Intelligence Service; or (iii) in a case where the request is made by the Director‑General of the Australian Signals Directorate—the Australian Signals Directorate; or (iv) in a case where the request is made by the chief officer of an interception agency—the agency; in relation to: (v) 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 (vi) a matter that facilitates, or is ancillary or incidental to, a matter covered by subparagraph (v); or (b) be by way of giving help to: (i) in a case where the request is made by the Director‑General of Security—ASIO; or (ii) in a case where the request is made by the Director‑General of the Australian Secret Intelligence Service—the Australian Secret Intelligence Service; or (iii) in a case where the request is made by the Director‑General of the Australian Signals Directorate—the Australian Signals Directorate; or (iv) in a case where the request is made by the chief officer of an interception agency—the agency; in relation to: (v) 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 (vi) a matter that facilitates, or is ancillary or incidental to, a matter covered by subparagraph (v). (3) A request under paragraph (1)(a) is to be known as a technical assistance request. (4) Subparagraph (1)(b)(ii) does not apply to an act or thing done by a designated communications provider unless the act or thing is in connection with any or all of the eligible activities of the provider. Relevant objective (5) For the purposes of this section, relevant objective means: (a) in relation to a technical assistance request given by the Director‑General of Security—safeguarding national security; or (b) 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 (d) in relation to a technical assistance request given by the chief officer of an interception agency: (i) enforcing the criminal law, so far as it relates to serious Australian offences; or (ii) assisting the enforcement of the criminal laws in force in a foreign country, so far as those laws relate to serious foreign offences. Listed acts or things (6) The acts or things that may be specified in a technical assistance request given to a designated communications provider include (but are not limited to) listed acts or things, so long as those acts or things: (a) are in connection with any or all of the eligible activities of the provider; and (b) are covered by subsection (2). Note: For listed acts or things, see section 317E. 317H Form of technical assistance request (1) A technical assistance request may be given: (a) orally; or (b) in writing. (2) A technical assistance request must not be given orally unless: (a) an imminent risk of serious harm to a person or substantial damage to property exists; and (b) the technical assistance request is necessary for the purpose of dealing with that risk; and (c) it is not practicable in the circumstances to give the technical assistance request in writing. (3) If a technical assistance request is given orally by: (a) the Director‑General of Security; or (b) the Director‑General of the Australian Secret Intelligence Service; or (c) the Director‑General of the Australian Signals Directorate; or (d) the chief officer of an interception agency; 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, must: (e) make a written record of the request; and (f) do so within 48 hours after the request was given. (4) If, under subsection (3): (a) the Director‑General of Security; or (b) the Director‑General of the Australian Secret Intelligence Service; or (c) the Director‑General of the Australian Signals Directorate; or (d) the chief officer of an interception agency; makes a written record of a technical assistance request, 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, must: (e) give a copy of the record to the designated communications provider concerned; and (f) do so as soon as practicable after the record was made. (5) If, under subsection (3): (a) the Director‑General of Security; or (b) the Director‑General of the Australian Secret Intelligence Service; or (c) the Director‑General of the Australian Signals Directorate; or (d) the chief officer of an interception agency; makes a written record of a technical assistance request, 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, must retain the record while the request is in force. 317HAA Provision of advice to designated communications providers (1) If the Director‑General of Security gives a technical assistance request to a designated communications provider, the Director‑General of Security must advise the provider that compliance with the request is voluntary. (2) If the Director‑General of the Australian Secret Intelligence Service gives a technical assistance request to a designated communications provider, the Director‑General of the Australian Secret Intelligence Service must advise the provider that compliance with the request is voluntary. (3) If the Director‑General of the Australian Signals Directorate gives a technical assistance request to a designated communications provider, the Director‑General of the Australian Signals Directorate must advise the provider that compliance with the request is voluntary. (4) If the chief officer of an interception agency gives a technical assistance request to a designated communications provider, the chief officer must advise the provider that compliance with the request is voluntary. Form of advice (5) Advice under subsection (1), (2), (3) or (4) may be given: (a) orally; or (b) in writing. (6) If advice under subsection (1), (2), (3) or (4) is given orally by: (a) the Director‑General of Security; or (b) the Director‑General of the Australian Secret Intelligence Service; or (c) the Director‑General of the Australian Signals Directorate; or (d) the chief officer of an interception agency; 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, must: (e) make a written record of the advice; and (f) do so within 48 hours after the advice was given. 317HAB Notification obligations (1) If the Director‑General of Security gives a technical assistance request, the Director‑General of Security must, within 7 days after the request is given, notify the Inspector‑General of Intelligence and Security that the request has been given. (2) If the Director‑General of the Australian Secret Intelligence Service gives a technical assistance request, the Director‑General of the Australian Secret Intelligence Service must, within 7 days after the request is given, notify the Inspector‑General of Intelligence and Security that the request has been given. (3) If the Director‑General of the Australian Signals Directorate gives a technical assistance request, the Director‑General of the Australian Signals Directorate must, within 7 days after the request is given, notify the Inspector‑General of Intelligence and Security that the request has been given. (4) If the chief officer of an interception agency gives a technical assistance request, the chief officer must, within 7 days after the request is given, notify the Commonwealth Ombudsman that the request has been given. (5) A failure to comply with subsection (1), (2), (3) or (4) does not affect the validity of a technical assistance request. 317HA Duration of technical assistance request (1) A technical assistance request: (a) comes in force: (i) when it is given; or (ii) if a later time is specified in the request—at that later time; and (b) unless sooner revoked, remains in force: (i) if an expiry date is specified in the request—until the start of the expiry date; or (ii) otherwise—at end of the 90‑day period beginning when the request was given. (2) If a technical assistance request expires, this Part does not prevent the giving of a fresh technical assistance request in the same terms as the expired technical assistance request. 317J Specified period etc. (1) A technical assistance request may include a request that a specified act or thing be done within a specified period. (2) A technical assistance request may include a request that a specified act or thing be done: (a) in a specified manner; or (b) in a way that meets one or more specified conditions. (3) Subsections (1) and (2) of this section do not limit subsections 317G(1) and (2). 317JAA Decision‑making criteria (1) The Director‑General of Security must not give a technical assistance request to a designated communications provider unless the Director‑General of Security is satisfied that: (a) the request is reasonable and proportionate; and (b) compliance with the request is: (i) practicable; and (ii) technically feasible. Note: See also section 317JC. (2) The Director‑General of the Australian Secret Intelligence Service must not give a technical assistance request to a designated communications provider unless the Director‑General of the Australian Secret Intelligence Service is satisfied that: (a) the request is reasonable and proportionate; and (b) compliance with the request is: (i) practicable; and (ii) technically feasible. Note: See also section 317JC. (3) The Director‑General of the Australian Signals Directorate must not give a technical assistance request to a designated communications provider unless the Director‑General of the Australian Signals Directorate is satisfied that: (a) the request is reasonable and proportionate; and (b) compliance with the request is: (i) practicable; and (ii) technically feasible. Note: See also section 317JC. (4) The chief officer of an interception agency must not give a technical assistance request to a designated communications provider unless the chief officer is satisfied that: (a) the request is reasonable and proportionate; and (b) compliance with the request is: (i) practicable; and (ii) technically feasible. Note: See also section 317JC. 317JA Variation of technical assistance requests (1) If a technical assistance request has been given to a designated communications provider by the Director‑General of Security, the Director‑General of Security may vary the request. (2) If a technical assistance request has been given to a designated communications provider by the Director‑General of the Australian Secret Intelligence Service, the Director‑General of the Australian Secret Intelligence Service may vary the request. (3) If a technical assistance request has been given to a designated communications provider by the Director‑General of the Australian Signals Directorate, the Director‑General of the Australian Signals Directorate may vary the request. (4) If a technical assistance request has been given to a designated communications provider by the chief officer of an interception agency, the chief officer may vary the request. Form of variation (5) A variation may be made: (a) orally; or (b) in writing. (6) A variation must not be made orally unless: (a) an imminent risk of serious harm to a person or substantial damage to property exists; and (b) the variation is necessary for the purpose of dealing with that risk; and (c) it is not practicable in the circumstances to make the variation in writing. (7) If a variation is made orally by: (a) the Director‑General of Security; or (b) the Director‑General of the Australian Secret Intelligence Service; or (c) the Director‑General of the Australian Signals Directorate; or (d) the chief officer of an interception agency; 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, must: (e) make a written record of the variation; and (f) do so within 48 hours after the variation was made. (8) If, under subsection (7): (a) the Director‑General of Security; or (b) the Director‑General of the Australian Secret Intelligence Service; or (c) the Director‑General of the Australian Signals Directorate; or (d) the chief officer of an interception agency; makes a written record of a variation, 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, must: (e) give a copy of the record to the designated communications provider concerned; and (f) do so as soon as practicable after the record was made. Acts or things specified in a varied technical assistance request (9) The acts or things specified in a varied technical assistance request must be: (a) in connection with any or all of the eligible activities of the designated communications provider concerned; and (b) covered by subsection 317G(2). (10) The acts or things that may be specified in a varied technical assistance request include (but are not limited to) listed acts or things, so long as those acts or things: (a) are in connection with any or all of the eligible activities of the designated communications provider concerned; and (b) are covered by subsection 317G(2). Note: For listed acts or things, see section 317E. Decision‑making criteria (11) The Director‑General of Security must not vary a technical assistance request unless the Director‑General of Security is satisfied that: (a) the varied request is reasonable and proportionate; and (b) compliance with the varied request is: (i) practicable; and (ii) technically feasible. Note: See also section 317JC. (12) The Director‑General of the Australian Secret Intelligence Service must not vary a technical assistance request unless the Director‑General of the Australian Secret Intelligence Service is satisfied that: (a) the varied request is reasonable and proportionate; and (b) compliance with the varied request is: (i) practicable; and (ii) technically feasible. Note: See also section 317JC. (13) The Director‑General of the Australian Signals Directorate must not vary a technical assistance request unless the Director‑General of the Australian Signals Directorate is satisfied that: (a) the varied request is reasonable and proportionate; and (b) compliance with the varied request is: (i) practicable; and (ii) technically feasible. Note: See also section 317JC. (14) The chief officer of an interception agency must not vary a technical assistance request unless the chief officer is satisfied that: (a) the varied request is reasonable and proportionate; and (b) compliance with the varied request is: (i) practicable; and (ii) technically feasible. Note: See also section 317JC. Notification obligations (15) If the Director‑General of Security varies a technical assistance request, the Director‑General of Security must, within 7 days after varying the request, notify the Inspector‑General of Intelligence and Security that the request has been varied. (16) If the Director‑General of the Australian Secret Intelligence Service varies a technical assistance request, the Director‑General of the Australian Secret Intelligence Service must, within 7 days after varying the request, notify the Inspector‑General of Intelligence and Security that the request has been varied. (17) If the Director‑General of the Australian Signals Directorate varies a technical assistance request, the Director‑General of the Australian Signals Directorate must, within 7 days after varying the request, notify the Inspector‑General of Intelligence and Security that the request has been varied. (18) If the chief officer of an interception agency varies a technical assistance request, the chief officer must, within 7 days after varying the request, notify the Commonwealth Ombudsman that the request has been varied. (19) A failure to comply with subsection (15), (16), (17) or (18) does not affect the validity of a variation of a technical assistance request. 317JB Revocation of technical assistance requests (1) If a technical assistance request has been given to a person by the Director‑General of Security, the Director‑General of Security may, by written notice given to the person, revoke the request. (1A) If a technical assistance request has been given to a person by the Director‑General of Security, and the Director‑General of Security is satisfied that: (a) the request is not reasonable and proportionate; or (b) compliance with the request is not: (i) practicable; and (ii) technically feasible; the Director‑General of Security must, by written notice given to the person, revoke the request. (2) If a technical assistance request has been given to a person by the Director‑General of the Australian Secret Intelligence Service, the Director‑General of the Australian Secret Intelligence Service may, by written notice given to the person, revoke the request. (2A) If a technical assistance request has been given to a person by the Director‑General of the Australian Secret Intelligence Service, and the Director‑General of the Australian Secret Intelligence Service is satisfied that: (a) the request is not reasonable and proportionate; or (b) compliance with the request is not: (i) practicable; and (ii) technically feasible; the Director‑General of the Australian Secret Intelligence Service must, by written notice given to the person, revoke the request. (3) If a technical assistance request has been given to a person by the Director‑General of the Australian Signals Directorate, the Director‑General of the Australian Signals Directorate may, by written notice given to the person, revoke the request. (3A) If a technical assistance request has been given to a person by the Director‑General of the Australian Signals Directorate, and the Director‑General of the Australian Signals Directorate is satisfied that: (a) the request is not reasonable and proportionate; or (b) compliance with the request is not: (i) practicable; and (ii) technically feasible; the Director‑General of the Australian Signals Directorate must, by written notice given to the person, revoke the request. (4) If a technical assistance request has been given to a person by the chief officer of an interception agency, the chief officer may, by written notice given to the person, revoke the request. (5) If a technical assistance request has been given to a person by the chief officer of an interception agency, and the chief officer is satisfied that: (a) the request is not reasonable and proportionate; or (b) compliance with the request is not: (i) practicable; and (ii) technically feasible; the chief officer must, by written notice given to the person, revoke the request. Notification obligations (6) If the Director‑General of Security revokes a technical assistance request, the Director‑General of Security must, within 7 days after revoking the request, notify the Inspector‑General of Intelligence and Security that the request has been revoked. (7) If the Director‑General of the Australian Secret Intelligence Service revokes a technical assistance request, the Director‑General of the Australian Secret Intelligence Service must, within 7 days after revoking the request, notify the Inspector‑General of Intelligence and Security that the request has been revoked. (8) If the Director‑General of the Australian Signals Directorate revokes a technical assistance request, the Director‑General of the Australian Signals Directorate must, within 7 days after revoking the request, notify the Inspector‑General of Intelligence and Security that the request has been revoked. (9) If the chief officer of an interception agency revokes a technical assistance request, the chief officer must, within 7 days after revoking the request, notify the Commonwealth Ombudsman that the request has been revoked. (10) A failure to comply with subsection (6), (7), (8) or (9) does not affect the validity of a revocation of a technical assistance request. 317JC Whether a technical assistance request is reasonable and proportionate In considering whether a technical assistance request or a varied technical assistance request is reasonable and proportionate, 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 of an interception agency, as the case requires, must have regard to the following matters: (a) the interests of national security; (b) the interests of law enforcement; (c) the legitimate interests of the designated communications provider to whom the request relates; (d) the objectives of the request; (e) the availability of other means to achieve the objectives of the request; (f) 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 Dire