Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018 (Cth)
This is a compilation of the
The notes at the end of this compilation (the
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 ( 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.
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.
For more information about any editorial changes made in this compilation, see the endnotes.
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.
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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
This Act is the
Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018 .
(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.
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 |
Schedule 1, Part 1 | The day after this Act receives the Royal Assent. | 9 December 2018 |
Schedule 1, Part 2 | The later of:
However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. | 1 September 2021 (paragraph (b) applies) |
Schedule 2, Parts 1 and 2 | The day after this Act receives the Royal Assent. | 9 December 2018 |
Schedule 2, Part 3 | The later of:
However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. | 9 December 2018 (paragraph (a) applies) |
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.
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.
Insert:
(daaaa) decisions under Part 15 of the
Telecommunications Act 1997 ;
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 .
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;
Insert:
technical assistance notice has the same meaning as in Part 15 of theTelecommunications Act 1997 .
technical assistance request has the same meaning as in Part 15 of theTelecommunications Act 1997 .
technical capability notice has the same meaning as in Part 15 of theTelecommunications Act 1997 .
Add:
; (e) the function conferred by subsection (1D).
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.
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)”.
Insert:
• 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.
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 theAustralian Security Intelligence Organisation Act 1979 .
ASIO employee has the same meaning as in theAustralian 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 theAustralian 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 theTelecommunications (Interception and Access) Act 1979 .
IGIS official has the same meaning as in theAustralian 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 theIntelligence 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 theSurveillance 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.
For the purposes of this Part, the following table defines:
(a)
designated communications provider ; and(b) the
eligible activities of a designated communications provider.
1 | the person is a carrier or carriage service provider |
|
2 | the person is a carriage service intermediary who arranges for the supply by a 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) a listed carriage service; or
|
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7 | the person manufactures, supplies, installs, maintains or operates a facility |
|
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 |
|
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 |
|
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 |
|
12 | the person:
|
|
13 | the person:
| any such connection by the person of customer equipment to a telecommunications network in Australia |
14 | the person is a constitutional corporation who: (a) manufactures; or (b) supplies; or (c) installs; or (d) maintains; data processing devices |
|
15 | the person is a constitutional corporation who: (a) develops; or (b) supplies; or (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).
(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.
(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.
This Part extends to every external Territory.
(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.
(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.
(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.
(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.
(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.
(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).
(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.
(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.
(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.
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 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:
(i) persons whose activities are not of interest to ASIO;
(ii) persons whose activities are not of interest to the Australian Secret Intelligence Service;
(iii) persons whose activities are not of interest to the Australian Signals Directorate;
(iv) persons whose activities are not of interest to interception agencies;
(g) whether the request is necessary;
(h) the legitimate expectations of the Australian community relating to privacy and cybersecurity;
(i) 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.
Any of the following persons:
(a) the Director‑General of Security;
(b) the Director‑General of the Australian Secret Intelligence Service;
(c) the Director‑General of the Australian Signals Directorate;
(d) the chief officer of an interception agency;
may enter into a contract, agreement or arrangement with a designated communications provider in relation to acts or things done by the provider in accordance with a technical assistance request.
(1) 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 one or more specified acts or things that:
(a) are in connection with any or all of the eligible activities of the provider; and
(b) are covered by subsection (2).
Note: Section 317ZK deals with the terms and conditions on which such a requirement is to be complied with.
(2) The specified acts or things must be by way of giving help to:
(a) in a case where the technical assistance notice is given by the Director‑General of Security—ASIO; or
(b) in a case where the technical assistance notice is given by the chief officer of an interception agency—the agency;
in relation to:
(c) 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:
(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) safeguarding national security; or
(d) a matter that facilitates, or is ancillary or incidental to, a matter covered by paragraph (c).
(2A) The specified acts or things must not be directed towards ensuring that a designated communications provider is capable of giving help to ASIO or an interception agency.
Listed acts or things
(3) The acts or things specified in a technical assistance notice given to a designated communications provider must be 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.
(1) The chief officer of an interception agency of a State or Territory must not give a technical assistance notice to a designated communications provider unless:
(a) the chief officer has given the AFP Commissioner a written notice setting out a proposal to give the technical assistance notice; and
(b) the AFP Commissioner has approved the giving of the technical assistance notice.
(2) An approval under paragraph (1)(b) may be given:
(a) orally; or
(b) in writing.
(3) If an approval under paragraph (1)(b) is given orally, the AFP Commissioner must:
(a) make a written record of the approval; and
(b) do so within 48 hours after the approval was given.
(4) For the purposes of this section,
AFP Commissioner means the Commissioner (within the meaning of theAustralian Federal Police Act 1979 ).
(1) A technical assistance notice may be given:
(a) orally; or
(b) in writing.
(2) A technical assistance notice 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 notice is necessary for the purpose of dealing with that risk; and
(c) it is not practicable in the circumstances to give the technical assistance notice in writing.
(3) If a technical assistance notice is given orally by the Director‑General of Security or the chief officer of an interception agency, the Director‑General of Security or the chief officer, as the case requires, must:
(a) make a written record of the notice; and
(b) do so within 48 hours after the notice was given.
(4) If, under subsection (3), the Director‑General of Security or the chief officer of an interception agency makes a written record of a technical assistance notice, the Director‑General of Security or the chief officer, as the case requires, must:
(a) give a copy of the record to the designated communications provider concerned; and
(b) do so as soon as practicable after the record was made.
(5) If, under subsection (3), the Director‑General of Security or the chief officer of an interception agency makes a written record of a technical assistance notice, the Director‑General of Security or the chief officer, as the case requires, must retain the record while the notice is in force.
(1) If the Director‑General of Security gives a technical assistance notice to a designated communications provider, the Director‑General of Security must give the provider advice relating to the provider’s obligations under whichever of sections 317ZA and 317ZB is applicable, so far as those obligations relate to the notice.
(2) If the chief officer of an interception agency gives a technical assistance notice to a designated communications provider, the chief officer must give the provider advice relating to the provider’s obligations under whichever of sections 317ZA and 317ZB is applicable, so far as those obligations relate to the notice.
(3) If the Director‑General of Security gives a technical assistance notice to a designated communications provider, the Director‑General of Security must notify the provider of the provider’s right to make a complaint about the notice to the Inspector‑General of Intelligence and Security under the
Inspector‑General of Intelligence and Security Act 1986 .(4) If:
(a) the chief officer of an interception agency gives a technical assistance notice to a designated communications provider; and
(b) 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:
(i) the Commonwealth Ombudsman; or
(ii) an authority that is the State or Territory inspecting agency in relation to the interception agency;
the chief officer must notify the provider of the provider’s right to make such a complaint.
Form of advice or notification
(5) Advice under subsection (1) or (2), or notification under subsection (3) or (4), may be given:
(a) orally; or
(b) in writing.
(6) If advice under subsection (1) or (2), or notification under subsection (3) or (4), is given orally by the Director‑General of Security or the chief officer of an interception agency, the Director‑General of Security or the chief officer, as the case requires, must:
(a) make a written record of the advice or notification; and
(b) do so within 48 hours after the advice or notification was given.
(1) If the Director‑General of Security gives a technical assistance notice, the Director‑General of Security must, within 7 days after the notice is given, notify the Inspector‑General of Intelligence and Security that the notice has been given.
(2) If the chief officer of an interception agency gives a technical assistance notice, the chief officer must, within 7 days after the notice is given, notify the Commonwealth Ombudsman that the notice has been given.
(3) A failure to comply with subsection (1) or (2) does not affect the validity of a technical assistance notice.
(1) A technical assistance notice:
(a) comes in force:
(i) when it is given; or
(ii) if a later time is specified in the notice—at that later time; and
(b) unless sooner revoked, remains in force:
(i) if an expiry date is specified in the notice—until the start of the expiry date; or
(ii) otherwise—at end of the 90‑day period beginning when the notice was given.
(1A) An expiry date specified in a technical assistance notice must not be later than 12 months after the notice was given.
(1B) Paragraph (1)(b) has effect subject to subsections (1C) and (1D).
(1C) If the Director‑General of Security has given a technical assistance notice to a designated communications provider, the Director‑General of Security may, with the agreement of the provider, extend for a further period (not exceeding 12 months) or further periods (not exceeding 12 months in each case) the period for which the technical assistance notice is in force.
(1D) If the chief officer of an interception agency has given a technical assistance notice to a designated communications provider, the chief officer may, with the agreement of the provider, extend for a further period (not exceeding 12 months) or further periods (not exceeding 12 months in each case) the period for which the technical assistance notice is in force.
(1E) If the Director‑General of Security extends the period for which a technical assistance notice is in force, the Director‑General of Security must, within 7 days after extending the period, notify the Inspector‑General of Intelligence and Security of the extension.
(1F) If the chief officer of an interception agency extends the period for which a technical assistance notice is in force, the chief officer must, within 7 days after extending the period, notify the Commonwealth Ombudsman of the extension.
(1G) A failure to comply with subsection (1E) or (1F) does not affect the validity of an extension of a technical assistance notice.
(2) If a technical assistance notice expires, this Part does not prevent the giving of a fresh technical assistance notice in the same terms as the expired technical assistance notice.
(1) A technical assistance notice may require a specified act or thing to be done within a specified period.
(2) A technical assistance notice may require a specified act or thing to 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 317L(1) and (2).
The Director‑General of Security or the chief officer of an interception agency must not give a technical assistance notice to a designated communications provider unless the Director‑General of Security or the chief officer, as the case requires, is satisfied that:
(a) the requirements imposed by the notice are reasonable and proportionate; and
(b) compliance with the notice is:
(i) practicable; and
(ii) technically feasible.
Note: See also section 317RA.
(1) Before giving a technical assistance notice to a designated communications provider, the Director‑General of Security or the chief officer of an interception agency, as the case requires, must consult the provider.
(2) The rule in subsection (1) does not apply to a technical assistance notice given to a designated communications provider by the Director‑General of Security if:
(a) the Director‑General of Security is satisfied that the technical assistance notice should be given as a matter of urgency; or
(b) the provider waives compliance with subsection (1).
(3) The rule in subsection (1) does not apply to a technical assistance notice given to a designated communications provider by the chief officer of an interception agency if:
(a) the chief officer is satisfied that the technical assistance notice should be given as a matter of urgency; or
(b) the provider waives compliance with subsection (1).
(1) If a technical assistance notice has been given to a designated communications provider by the Director‑General of Security, the Director‑General of Security may vary the notice.
(2) If a technical assistance notice has been given to a designated communications provider by the chief officer of an interception agency, the chief officer may vary the notice.
Form of variation
(3) A variation may be made:
(a) orally; or
(b) in writing.
(4) 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.
(5) If a variation is made orally by the Director‑General of Security or the chief officer of an interception agency, the Director‑General of Security or the chief officer, as the case requires, must:
(a) make a written record of the variation; and
(b) do so within 48 hours after the variation was made.
(6) If, under subsection (5), the Director‑General of Security or the chief officer of an interception agency makes a written record of a variation, the Director‑General of Security or the chief officer, as the case requires, must:
(a) give a copy of the record to the designated communications provider concerned; and
(b) do so as soon as practicable after the record was made.
(7) If a variation is made in writing by the Director‑General of Security or the chief officer of an interception agency, the Director‑General of Security or the chief officer, as the case requires, must:
(a) give a copy of the variation to the designated communications provider concerned; and
(b) do so as soon as practicable after the variation was made.
Acts or things specified in a varied technical assistance notice
(8) The acts or things specified in a varied technical assistance notice must be:
(a) in connection with any or all of the eligible activities of the designated communications provider concerned; and
(b) covered by subsection 317L(2).
(9) The acts or things specified in a varied technical assistance notice must be 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 317L(2).
Note: For
listed acts or things , see section 317E.
Decision‑making criteria
(10) The Director‑General of Security or the chief officer of an interception agency must not vary a technical assistance notice unless the Director‑General of Security or the chief officer, as the case requires, is satisfied that:
(a) the requirements imposed by the varied notice are reasonable and proportionate; and
(b) compliance with the varied notice is:
(i) practicable; and
(ii) technically feasible.
Note: See also section 317RA.
Variation must not extend duration of technical assistance notice
(11) A variation of a technical assistance notice must not extend the period for which the notice is in force.
Notification obligations
(12) If the Director‑General of Security varies a technical assistance notice, the Director‑General of Security must, within 7 days after varying the notice, notify the Inspector‑General of Intelligence and Security that the notice has been varied.
(13) If the chief officer of an interception agency varies a technical assistance notice, the chief officer must, within 7 days after varying the notice, notify the Commonwealth Ombudsman that the notice has been varied.
(14) A failure to comply with subsection (12) or (13) does not affect the validity of a variation of a technical assistance notice.
(1) If a technical assistance notice 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 notice.
(2) If a technical assistance notice has been given to a person by the Director‑General of Security, and the Director‑General of Security is satisfied that:
(a) the requirements imposed by the notice are not reasonable and proportionate; or
(b) compliance with the notice is not:
(i) practicable; and
(ii) technically feasible;
the Director‑General of Security must, by written notice given to the person, revoke the notice.
(3) If a technical assistance notice 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 notice.
(4) If a technical assistance notice has been given to a person by the chief officer of an interception agency, and the chief officer is satisfied that:
(a) the requirements imposed by the notice are not reasonable and proportionate; or
(b) compliance with the notice is not:
(i) practicable; and
(ii) technically feasible;
the chief officer must, by written notice given to the person, revoke the notice.
Notification obligations
(5) If the Director‑General of Security revokes a technical assistance notice, the Director‑General of Security must, within 7 days after revoking the notice, notify the Inspector‑General of Intelligence and Security that the notice has been revoked.
(6) If the chief officer of an interception agency revokes a technical assistance notice, the chief officer must, within 7 days after revoking the notice, notify the Commonwealth Ombudsman that the notice has been revoked.
(7) A failure to comply with subsection (5) or (6) does not affect the validity of a revocation of a technical assistance notice.
In considering whether the requirements imposed by a technical assistance notice or a varied technical assistance notice are reasonable and proportionate, the Director‑General of Security 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 notice relates;
(d) the objectives of the notice;
(e) the availability of other means to achieve the objectives of the notice;
(ea) 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:
(i) persons whose activities are not of interest to ASIO;
(ii) persons whose activities are not of interest to interception agencies;
(eb) whether the requirements are necessary;
(f) the legitimate expectations of the Australian community relating to privacy and cybersecurity;
(g) such other matters (if any) as the Director‑General of Security or the chief officer, as the case requires, considers relevant.
(1) The Attorney‑General may, by writing, determine procedures and arrangements to be followed in relation to the making of requests for technical capability notices.
(2) A procedure or arrangement determined under subsection (1) may require that the agreement of a person or body must be obtained before a request is made for a technical capability notice.
(3) A failure to comply with a determination under subsection (1) does not affect the validity of a technical capability notice.
(4) A determination under subsection (1) is not a legislative instrument.
(1) The Attorney‑General may, in accordance with a request made by the Director‑General of Security or the chief officer of an interception agency, give a designated communications provider a written notice, to be known as a technical capability notice, that requires the provider to do one or more specified acts or things that:
(a) are in connection with any or all of the eligible activities of the provider; and
(b) are covered by subsection (2).
Note: Section 317ZK deals with the terms and conditions on which such a requirement is to be complied with.
(2) The specified acts or things must:
(a) be directed towards ensuring that the designated communications provider is capable of giving listed help to ASIO, or an interception agency, in relation to:
(i) 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
(ii) a matter that facilitates, or is ancillary or incidental to, a matter covered by subparagraph (i); or
(b) be by way of giving help to ASIO, or an interception agency, in relation to:
(i) 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
(ii) a matter that facilitates, or is ancillary or incidental to, a matter covered by subparagraph (i).
Relevant objective
(3) For the purposes of this section,
relevant objective means:
(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.
Listed help
(4) For the purposes of the application of this section to a designated communications provider, if one or more acts or things done by the provider:
(a) are by way of giving help to ASIO or an interception agency; and
(b) are in connection with any or all of the eligible activities of the provider; and
(c) consist of either or both of the following:
(i) one or more listed acts or things (other than an act or thing covered by paragraph 317E(1)(a));
(ii) one or more acts or things of a kind determined under subsection (5);
that help is
listed help .Note: For
listed acts or things , see section 317E.
(5) The Home Affairs Minister may, by legislative instrument, determine one or more kinds of acts or things for the purposes of subparagraph (4)(c)(ii).
(6) In making a determination under subsection (5), the Home Affairs Minister must have regard to the following matters:
(a) the interests of law enforcement;
(b) the interests of national security;
(c) the objects of this Act;
(d) the likely impact of the determination on designated communications providers;
(e) such other matters (if any) as the Home Affairs Minister considers relevant.
Listed acts or things
(7) The acts or things specified in a technical capability notice given to a designated communications provider in accordance with paragraph (2)(b) must be 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), so far as that subsection relates to paragraph (2)(b).
Applicable costs negotiator
(12) A technical capability notice must specify a person as the applicable costs negotiator for the notice.
Note: See section 317ZK.
(13) A person may be specified under subsection (12):
(a) by name; or
(b) as any person from time to time holding, occupying, or performing the duties of, a specified office or position.
(1) The Attorney‑General must not give a technical capability notice to a designated communications provider unless:
(a) the Attorney‑General has given the Minister a written notice setting out a proposal to give the technical capability notice; and
(b) the Minister has approved the giving of the technical capability notice.
(2) An approval under paragraph (1)(b) may be given:
(a) orally; or
(b) in writing.
(3) If an approval under paragraph (1)(b) is given orally, the Minister must:
(a) make a written record of the approval; and
(b) do so within 48 hours after the approval was given.
(4) The Attorney‑General may make a representation to the Minister about the proposal to give the technical capability notice.
(5) A representation may deal with:
(a) any of the matters set out in section 317ZAA; and
(b) such other matters (if any) as the Attorney‑General considers relevant.
(6) In considering whether to approve the giving of the technical capability notice, the Minister must have regard to the following matters:
(a) the objectives of the notice;
(b) the legitimate interests of the designated communications provider to whom the notice relates;
(c) the impact of the notice on the efficiency and international competitiveness of the Australian telecommunications industry;
(d) the representation (if any) that was made under subsection (4);
(e) such other matters (if any) as the Minister considers relevant.
(1) If the Attorney‑General gives a technical capability notice to a designated communications provider, the Attorney‑General must give the provider advice relating to the provider’s obligations under whichever of sections 317ZA and 317ZB is applicable, so far as those obligations relate to the notice.
Form of advice
(2) Advice under subsection (1) may be given:
(a) orally; or
(b) in writing.
(3) If advice under subsection (1) is given orally, the Attorney‑General must:
(a) make a written record of the advice; and
(b) do so within 48 hours after the advice was given.
(1) If:
(a) the Attorney‑General gives a technical capability notice; and
(b) the acts or things specified in the notice:
(i) 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
(ii) are by way of giving help to ASIO in relation to a matter covered by paragraph 317T(2)(b);
the Attorney‑General must, within 7 days after the notice is given, notify the Inspector‑General of Intelligence and Security that the notice has been given.
(2) If:
(a) the Attorney‑General gives a technical capability notice; and
(b) the acts or things specified in the notice:
(i) 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
(ii) are by way of giving help to an interception agency in relation to a matter covered by paragraph 317T(2)(b);
the Attorney‑General must, within 7 days after the notice is given, notify the Commonwealth Ombudsman that the notice has been given.
(4) It is immaterial whether a thing mentioned in subsection (2) is done:
(a) in the presence of the target person; or
(b) at any other place.
(5) If the warrant states that it may be executed only during particular hours, the warrant must not be executed outside those hours.
(6) If the warrant authorises an ordinary search or a frisk search of the target person, a search of the target person different from that so authorised must not be done under the warrant.
Omit “executing officer or a person assisting”, substitute “executing officer of a warrant in relation to premises, or a person assisting,”.
Omit “thing found at the premises”, substitute “thing found at warrant premises, or a thing found during a search under a warrant that is in force in relation to a person,”.
Repeal the paragraph, substitute:
(b) for a thing found at warrant premises—the occupier of the premises consents in writing; or
(c) for a thing found during a search under a warrant that is in force in relation to a person—the person consents in writing.
Omit “occupier”, substitute “person referred to in paragraph (2)(b) or (c) (as the case requires)”.
Omit “the occupier”, substitute “that person”.
Omit “72 hours.”, substitute:
whichever of the following is applicable:
(a) if the thing is a computer or data storage device—30 days;
(b) otherwise—72 hours.
Omit “72 hours”, substitute “the time applicable under subsection (3A)”.
Omit “occupier of the premises, and the occupier”, substitute “person referred to in paragraph (2)(b) or (c) (as the case requires), and that person”.
Insert:
(3D) If the thing is a computer or data storage device, a single extension cannot exceed 14 days.
Omit “executing officer or a person assisting”, substitute “executing officer of a warrant in relation to premises, or a person assisting,”.
Insert:
(1) If electronic equipment is moved to another place under subsection 200(2), the executing officer or a person assisting may operate the equipment to access data (including data held at another place).
(2) If the executing officer or person assisting suspects on reasonable grounds that any data accessed by operating the electronic equipment constitutes evidential material, the executing officer or person assisting may copy any or all of the data accessed by operating the electronic equipment to a disk, tape or other associated device.
(3) If the Comptroller‑General of Customs is satisfied that the data is not required (or is no longer required) for:
(a) investigating an offence against a law of the Commonwealth, a State or a Territory; or
(b) judicial proceedings or administrative review proceedings; or
(c) investigating or resolving a complaint under the
Ombudsman Act 1976 or thePrivacy Act 1988 ;the Comptroller‑General of Customs must arrange for:
(d) the removal of the data from any device subject to customs control; and
(e) the destruction of any other reproduction of the data subject to customs control.
(4) If the executing officer or a person assisting, after operating the equipment, finds that evidential material is accessible by doing so, the executing officer or person assisting may:
(a) seize the equipment and any disk, tape or other associated device; or
(b) if the material can be put in documentary form—put the material in that form and seize the documents so produced.
(5) The executing officer or a person assisting may seize equipment under paragraph (4)(a) only if:
(a) it is not practicable to copy the data as mentioned in subsection (2) or to put the material in documentary form as mentioned in paragraph (4)(b); or
(b) possession of the equipment by the person referred to in paragraph 200(2)(b) or (c) (as the case requires) could constitute an offence.
Repeal the paragraphs, substitute:
(a) access data held in, or accessible from, a computer or data storage device that:
(i) is on warrant premises; or
(ii) has been seized under this Subdivision; or
(iii) is found in the course of an ordinary search of a person, or a frisk search of a person, authorised by a search warrant;
(b) copy data held in, or accessible from, a computer, or data storage device, described in paragraph (a) to another data storage device;
(c) convert into documentary form or another form intelligible to an executing officer:
(i) data held in, or accessible from, a computer, or data storage device, described in paragraph (a); or
(ii) data held in a data storage device to which the data was copied as described in paragraph (b).
After “the computer”, insert “or data storage device”.
After “the computer”, insert “or device”.
Omit “; and”, substitute “or device; or”.
Add:
(iv) a person engaged under a contract for services by the owner or lessee of the computer or device; or
(v) a person who uses or has used the computer or device; or
(vi) a person who is or was a system administrator for the system including the computer or device; and
After “the computer or”, insert “device or”.
After “which the computer”, insert “or device”.
After “forms”, insert “or formed”.
After “the computer”, insert “or device”.
Repeal the subsection, substitute:
Offences
(3) A person commits an offence if:
(a) the person is subject to an order under this section; and
(b) the person is capable of complying with a requirement in the order; and
(c) the person omits to do an act; and
(d) the omission contravenes the requirement.
Penalty: Imprisonment for 5 years or 300 penalty units, or both.
(4) A person commits an offence if:
(a) the person is subject to an order under this section; and
(b) the person is capable of complying with a requirement in the order; and
(c) the person omits to do an act; and
(d) the omission contravenes the requirement; and
(e) the offence to which the relevant warrant relates is a serious offence.
Penalty for contravention of this subsection: Imprisonment for 10 years or 600 penalty units, or both.
After “201(1)”, insert “or 201AA(1)”.
After “or (2)”, insert “or 201AA(2) or (4)”.
Omit “or 201”, substitute “, 201 or 201AA”.
After “201(2)(b)”, insert “or 201AA(4)(a)”.
18E
At the end of Subdivision C of Division 1 of Part XII Add:
To avoid doubt, this Subdivision does not affect the law relating to the powers, privileges and immunities of any of the following:
(a) each House of the Parliament;
(b) the members of each House of the Parliament;
(c) the committees of each House of the Parliament and joint committees of both Houses of the Parliament.
After “198(1),”, insert “199A(1),”.
After “198,”, insert “199A,”.
(1) The amendments of sections 199, 200 and 201A of the
Customs Act 1901 made by this Schedule apply in relation to a warrant issued after the commencement of this item.(2) Section 201AA of the
Customs Act 1901 (as amended by this Schedule) applies in relation to a warrant issued after the commencement of this item.
Schedule 5 — Australian Security Intelligence Organisation
Insert:
(1A) The Director‑General may, by writing, delegate any or all of the Director‑General’s functions or powers under section 21A to a senior position‑holder.
Add:
Assistance provided in accordance with a request by the Director‑General
(1) If:
(a) the Director‑General requests a person or body to engage in conduct; and
(b) the Director‑General is satisfied, on reasonable grounds, that the conduct is likely to assist the Organisation in the performance of its functions; and
(c) the person engages in the conduct in accordance with the request; and
(d) the conduct does not involve the person or body committing an offence against a law of the Commonwealth, a State or a Territory; and
(e) the conduct does not result in significant loss of, or serious damage to, property;
the person or body is not subject to any civil liability for, or in relation to, the conduct.
(2) A request under paragraph (1)(a) may be made orally if:
(a) the Director‑General is satisfied that the request should be made as a matter of urgency; or
(b) the Director‑General is satisfied that making the request in writing would be prejudicial to security; or
(c) the Director‑General is satisfied that making the request in writing would be prejudicial to the operational security of the Organisation.
(2A) If subsection (2) does not apply to a request under paragraph (1)(a), the request must be made in writing.
(3) If a request under paragraph (1)(a) is made orally, the Director‑General must:
(a) make a written record of the request; and
(b) do so within 48 hours after the request was made.
(3A) If a request is made under paragraph (1)(a), the Director‑General must, within 7 days after the request is made, notify the Inspector‑General of Intelligence and Security that the request has been made.
(4) The Director‑General may enter into a contract, agreement or arrangement with a person or body in relation to conduct engaged in by the person or body in accordance with a request under paragraph (1)(a).
Unsolicited disclosure of information etc.
(5) If:
(a) a person or body engages in conduct that consists of, or is connected with:
(i) giving information to the Organisation; or
(ii) giving or producing a document to the Organisation; or
(iii) making one or more copies of a document and giving those copies to the Organisation; and
(b) the person reasonably believes that the conduct is likely to assist the Organisation in the performance of its functions; and
(c) the conduct does not involve the person or body committing an offence against a law of the Commonwealth, a State or a Territory; and
(d) the conduct does not result in significant loss of, or serious damage to, property; and
(e) subsection (1) does not apply to the conduct;
the person or body is not subject to any civil liability for, or in relation to, the conduct.
Copies of, or extracts from, documents
(6) The Organisation may make and retain copies of, or take and retain extracts from, a document given or produced to the Organisation:
(a) in accordance with a request under paragraph (1)(a); or
(b) under paragraph (5)(a).
Subsections (1) and (5) have effect despite other laws
(7) Subsections (1) and (5) have effect despite anything in a law of the Commonwealth, a State or a Territory (whether passed or made before or after the commencement of this section) unless the law expressly provides otherwise.
Certificate
(8) The Director‑General may give a certificate in writing certifying one or more facts relevant to the question of whether the Director‑General was satisfied, on reasonable grounds, that particular conduct was likely to assist the Organisation in the performance of its functions.
(9) In any proceedings that involve determining whether subsection (1) or (5) applies to particular conduct, a certificate given under subsection (8) is prima facie evidence of the facts certified.
Compensation for acquisition of property
(10) If the operation of this section would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.
(11) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.
Insert:
(1A) If an order was made under subsection 34AAA(2) in relation to the warrant, the report must also include details of the extent to which compliance with the order has assisted the Organisation in carrying out its functions.
Add:
(1) The Director‑General may request the Attorney‑General to make an order requiring a specified person to provide any information or assistance that is reasonable and necessary to allow the Organisation to do one or more of the following:
(a) access data held in, or accessible from, a computer or data storage device that:
(i) is the subject of a warrant under section 25A, 26 or 27A; or
(ii) is the subject of an authorisation under section 27E or 27F; or
(iii) is on premises in relation to which a warrant under section 25, 26 or 27A is in force; or
(iv) is on premises in relation to which an authorisation under section 27D or 27F is in force; or
(v) is found in the course of an ordinary search of a person, or a frisk search of a person, authorised by a warrant under section 25 or 27A; or
(vi) is found in the course of an ordinary search of a person, or a frisk search of a person, authorised under section 27D; or
(vii) has been removed from premises under a warrant under section 25, 26 or 27A; or
(viii) has been removed from premises under section 27D; or
(ix) has been seized under section 34ZB;
(b) copy data held in, or accessible from, a computer, or data storage device, described in paragraph (a) to another data storage device;
(c) convert into documentary form or another form intelligible to an ASIO employee or ASIO affiliate:
(i) data held in, or accessible from, a computer, or data storage device, described in paragraph (a); or
(ii) data held in a data storage device to which the data was copied as described in paragraph (b); or
(iii) data held in a computer or data storage device removed from premises under a warrant under section 25, 26 or 27A; or
(iv) data held in a computer or data storage device removed from premises under section 27D.
(2) The Attorney‑General may make the order if:
(a) in a case where the computer or data storage device:
(i) is the subject of a warrant under section 27A; or
(ii) is on premises in relation to which a warrant under section 27A is in force; or
(iii) is found in the course of an ordinary search of a person, or a frisk search of a person, authorised by a warrant under section 27A; or
(iv) has been removed from premises under a warrant under section 27A;
the Attorney‑General is satisfied, on reasonable grounds, that:
(v) access by the Organisation to data held in, or accessible from, the computer or data storage device will be for the purpose of obtaining foreign intelligence relating to a matter specified in the relevant notice under subsection 27A(1); and
(vi) on the basis of advice received from the Defence Minister or the Foreign Affairs Minister, the collection of foreign intelligence relating to that matter is in the interests of Australia’s national security, Australia’s foreign relations or Australia’s national economic well‑being; and
(b) in a case where paragraph (a) does not apply—the Attorney‑General is satisfied that there are reasonable grounds for suspecting that access by the Organisation to data held in, or accessible from, the computer or data storage device will substantially assist the collection of intelligence in accordance with this Act in respect of a matter that is important in relation to security; and
(c) the Attorney‑General is satisfied, on reasonable grounds, that the specified person is:
(i) reasonably suspected of being involved in activities that are prejudicial to security; or
(ii) the owner or lessee of the computer or device; or
(iii) an employee of the owner or lessee of the computer or device; or
(iv) a person engaged under a contract for services by the owner or lessee of the computer or device; or
(v) a person who uses or has used the computer or device; or
(vi) a person who is or was a system administrator for the system including the computer or device; and
(d) the Attorney‑General is satisfied, on reasonable grounds, that the specified person has relevant knowledge of:
(i) the computer or device or a computer network of which the computer or device forms or formed a part; or
(ii) measures applied to protect data held in, or accessible from, the computer or device.
(3) If the computer or data storage device is not on premises in relation to which a warrant is in force, the order must:
(a) specify the period within which the person must provide the information or assistance; and
(b) specify the place at which the person must provide the information or assistance; and
(c) specify the conditions (if any) determined by the Attorney‑General as the conditions to which the requirement on the person to provide the information or assistance is subject.
(3A) A request under subsection (1) may be made:
(a) orally; or
(b) in writing.
(3B) If a request under subsection (1) is made orally, the Director‑General must:
(a) make a written record of the request; and
(b) do so within 48 hours after the request was made.
(3C) A request under subsection (1) (the
current request ) must be accompanied by a statement setting out the particulars and outcomes of all previous requests (if any) under that subsection for the making of an order relating to the person specified in the current request.(3D) If the Director‑General is satisfied that the grounds on which an order under this section was made have ceased to exist, the Director‑General must, as soon as practicable, inform the Attorney‑General of that fact.
(3E) If:
(a) an order is in force under this section; and
(b) the Attorney‑General is satisfied that the grounds on which the order was made have ceased to exist;
the Attorney‑General must revoke the order.
(4) A person commits an offence if:
(a) the person is subject to an order under this section; and
(b) the person is capable of complying with a requirement in the order; and
(c) the person omits to do an act; and
(d) the omission contravenes the requirement.
Penalty for contravention of this subsection: Imprisonment for 5 years or 300 penalty units, or both.
Before “The Director‑General”, insert “(1)”.
Add:
(2) If an order was made under subsection 34AAA(2) in relation to accessing data that was held in, or accessible from, a computer or storage device that was seized under section 34ZB, the report must also include details of the extent to which compliance with the order has assisted the Organisation in carrying out its functions.
Insert:
(2BC) A report under subsection (1) must also include a statement of:
(a) the total number of requests made under paragraph 21A(1)(a) during the period; and
(b) the total number of orders made under subsection 34AAA(2) during the period.
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
The abbreviation key sets out abbreviations that may be used in the endnotes.
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
The
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = | Sch = Schedule(s) |
LIA = | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | |
No. = Number(s) | commenced or to be commenced |
Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018 | 148, 2018 | 8 Dec 2018 | Sch 1 (items 1–7G) and Sch 2–5: 9 Dec 2018 (s 2(1) items 2, 4–6) Sch 1 (item 8): 1 Sept 2021 (s 2(1) item 3) Remainder: 8 Dec 2018 (s 2(1) item 1) | |
Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021 | 13, 2021 | 1 Mar 2021 | Sch 2 (items 761, 762): 1 Sept 2021 (s 2(1) item 5) | — |
s 2......................................... | am No 13, 2021 |
Part 2 heading......................... | am No 13, 2021 |
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