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Schedule 6—Other amendments

Schedule 6 Other amendments

   

Telecommunications Act 1997

1  Subparagraph 317WA(7)(a)(i)

After “section 317ZG”, insert “or section 317ZGA”.

2  After subsection 317YA(6)

Insert:

          (6A)  In carrying out an assessment under paragraph (6)(a) in relation to a technical capability notice as proposed to be varied, the assessors must:

                     (a)  consider:

                              (i)  whether the technical capability notice as proposed to be varied would contravene section 317ZG or section 317ZGA; and

                             (ii)  whether the requirements imposed by the technical capability notice as proposed to be varied are reasonable and proportionate; and

                            (iii)  whether compliance with the proposed technical capability notice as proposed to be varied is practicable; and

                            (iv)  whether compliance with the proposed technical capability notice as proposed to be varied is technically feasible; and

                             (v)  whether the proposed technical capability notice as proposed to be varied is the least intrusive measure that would be effective in achieving the legitimate objective of the proposed technical capability notice; and

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

3  After subsection 317ZF(16)

Insert:

        (16A)  For the purposes of a request made under subsection (16) to authorise disclosure, the Attorney-General must authorise the disclosure:

                     (a)  except to the extent that the disclosure would prejudice a particular investigation or prosecution; and

                     (b)  unless the Attorney-General determines that there are operational reasons for the disclosure not to be made.