to obtain, correlate and evaluate intelligence relevant to security; and

for purposes relevant to security, to communicate any such intelligence to such persons, and in such manner, as are appropriate to those purposes; and

to advise Ministers and authorities of the Commonwealth in respect of matters relating to security, in so far as those matters are relevant to their functions and responsibilities; and

to furnish security assessments and make preliminary communications to a State or an authority of a State in accordance with paragraphs 40(1)(b) and (1A)(a); and

to undertake security vetting and security clearance related activities in accordance with Part IVA; and

to advise Ministers, authorities of the Commonwealth and such other persons as the Minister, by notice in writing given to the Director-General, determines on matters relating to protective security; and

(e) to obtain within Australia foreign intelligence pursuant to Telecommunications (Interception and Access) Act 1979, and to communicate any such intelligence in accordance with this Act or the Telecommunications (Interception and Access) Act 1979; andsection 27A or 27B of this Act or section 11A, 11B or 11C of the

to co-operate with and assist bodies referred to in section 19A in accordance with that section.

not require the person to pay any of the fee; or

require the person to pay only a specified part of the fee.

the person makes a communication of any information or matter; and

the information or matter has come to the knowledge or into the possession of the person by reason of:

his or her being, or having been, an ASIO employee; or

his or her being, or having been, an ASIO affiliate; or

his or her having entered into a contract, agreement or arrangement with ASIO (otherwise than as an ASIO affiliate); and

the information or matter:

was acquired or prepared by or on behalf of the Organisation in connection with its functions; or

relates to the performance by the Organisation of its functions; and

the communication was not made to the Director-General, an ASIO employee or an ASIO affiliate:

by an ASIO employee, in the course of the ASIO employee’s duties; or

by an ASIO affiliate, in accordance with the contract, agreement or other arrangement under which the ASIO affiliate is performing functions or services for the Organisation; or

by a person who has entered into a contract, agreement or arrangement with ASIO (otherwise than as an ASIO affiliate), in accordance with the contract, agreement or arrangement; and

the communication was not made by a person acting within the limits of authority conferred on the person by the Director-General; and

the communication was not made with the approval of the Director-General or of a person having the authority of the Director-General to give such an approval.

Exception—information or matter lawfully available

the information has come into the possession of the Organisation in the course of performing the Organisation’s functions under section 17; and

either:

the information relates, or appears to relate, to the commission, or intended commission, of a serious crime; or

the Director-General, or a person authorised for the purpose by the Director-General, is satisfied that the national interest requires the communication; and

the information relates, or appears to relate, to the performance of the functions, responsibilities or duties of the person referred to in subsection (4).

a Minister;

a staff member of an authority of the Commonwealth;

a staff member of an authority of a State.

Communicating information to ASIS, ASD and AGO

the information has come into the possession of the Organisation in the course of performing the Organisation’s functions under section 17; and

the information relates, or appears to relate, to the performance of ASIS, ASD or AGO’s functions (as the case requires).

Communicating information in relation to emergency declarations

the information has come into the possession of the Organisation in the course of performing its functions under section 17; and

an emergency declaration (within the meaning of section 80G of that Act) is in force.

Communicating information to the Australian Designated Authority etc.

(a) the Australian Designated Authority (within the meaning of Schedule 1 to the Telecommunications (Interception and Access) Act 1979); or

an APS employee in the Attorney-General’s Department (within the meaning of that Schedule);

for the purpose of the Australian Designated Authority exercising a power, or performing a function, under that Schedule.

the person is, or has been, an entrusted person; and

the person has obtained a record in the person’s capacity as an entrusted person; and

the record:

was acquired or prepared by or on behalf of the Organisation in connection with its functions; or

relates to the performance by the Organisation of its functions; and

(d) the person engages in any of the following conduct (the relevant conduct):

copying the record;

transcribing the record;

retaining the record;

removing the record;

dealing with the record in any other manner; and

the relevant conduct was not engaged in by the person:

as an ASIO employee in the course of the person’s duties as an ASIO employee; or

as an ASIO affiliate in accordance with the contract, agreement or other arrangement under which the person is performing functions or services for the Organisation; or

in accordance with a contract, agreement or arrangement the person has entered into with ASIO (other than as an ASIO affiliate); or

acting within the limits of authority conferred on the person by the Director-General; or

with the approval of the Director-General, or of a person having the authority of the Director-General to give such an approval.

Exception—record lawfully available

is not satisfied that the defendant is guilty of the prosecuted offence; but

(b) is satisfied beyond reasonable doubt that the defendant is guilty of an offence against subsection 18B(1) (the alternative offence).

the person is, or has been, an entrusted person; and

information or matter has come to the knowledge or into the possession of the person in the person’s capacity as an entrusted person; and

the information or matter:

was acquired or prepared by or on behalf of the Organisation in connection with its functions; or

relates to the performance by the Organisation of its functions; and

the person makes a record of the information or matter; and

the record is not made by the person:

as an ASIO employee in the course of the person’s duties as an ASIO employee; or

as an ASIO affiliate in accordance with the contract, agreement or other arrangement under which the person is performing functions or services for the Organisation; or

in accordance with a contract, agreement or arrangement the person has entered into with ASIO (other than as an ASIO affiliate); or

acting within the limits of authority conferred on the person by the Director-General; or

with the approval of the Director-General, or of a person having the authority of the Director-General to give such an approval.

Exception—information or matter lawfully available

is not satisfied that the defendant is guilty of the prosecuted offence; but

(b) is satisfied beyond reasonable doubt that the defendant is guilty of an offence against subsection 18A(1) (the alternative offence).

a person charged with an offence against section 18, 18A or 18B may be arrested, or a warrant for his or her arrest may be issued and executed; and

such a person may be remanded in custody or on bail;

even if the consent of the Attorney-General or a person acting under his or her direction has not been obtained, but no further proceedings are to be taken until that consent has been obtained.

the person is an IGIS official; and

the relevant conduct is engaged in by the person for the purposes of exercising powers, or performing functions or duties, as an IGIS official.

authorities of the Commonwealth; and

Departments, Police Forces and authorities of the States; and

authorities of other countries approved by the Minister as being capable of assisting the Organisation in the performance of its functions; and

any other person or body whether within or outside Australia.

ASIS;

ASD;

AGO;

ONI;

a law enforcement agency;

an authority of the Commonwealth, or an authority of a State, that is prescribed by the regulations for the purposes of this paragraph.

subject to any arrangements made or directions given by the Minister; and

on request by the head (however described) of the body referred to in subsection (1).

the information has come into the possession of the Organisation in the course of performing the Organisation’s functions under section 17; and

the information is communicated for the purposes of co-operating with or assisting the body under this section.

the Director-General requests a person or body to engage in conduct; and

the Director-General is satisfied, on reasonable grounds, that the conduct is likely to assist the Organisation in the performance of its functions; and

the person engages in the conduct in accordance with the request; and

the conduct does not involve the person or body committing an offence against a law of the Commonwealth, a State or a Territory; and

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.

the Director-General is satisfied that the request should be made as a matter of urgency; or

the Director-General is satisfied that making the request in writing would be prejudicial to security; or

the Director-General is satisfied that making the request in writing would be prejudicial to the operational security of the Organisation.

make a written record of the request; and

do so within 48 hours after the request was made.

a person or body engages in conduct that consists of, or is connected with:

giving information to the Organisation; or

giving or producing a document to the Organisation; or

making one or more copies of a document and giving those copies to the Organisation; and

the person reasonably believes that the conduct is likely to assist the Organisation in the performance of its functions; and

the conduct does not involve the person or body committing an offence against a law of the Commonwealth, a State or a Territory; and

the conduct does not result in significant loss of, or serious damage to, property; and

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

in accordance with a request under paragraph (1)(a); or

under paragraph (5)(a).

Subsections (1) and (5) have effect despite other laws

ask an operator of an aircraft or vessel questions relating to the aircraft or vessel, or its cargo, crew, passengers, stores or voyage; or

request an operator of an aircraft or vessel to produce documents relating to the aircraft or vessel, or its cargo, crew, passengers, stores or voyage, that are in the possession or under the control of the operator.

the person is an operator of an aircraft or vessel; and

the person is asked a question or requested to produce a document under subsection (1); and

the person fails to answer the question or produce the document.

failing to answer the question; or

failing to produce the document.

the Director-General; or

a person approved under subsection (2); or

a person included in a class of persons approved under subsection (2).

Approval of persons authorised to exercise authority under warrant etc.

entering the subject premises;

entering any premises for the purposes of gaining entry to or exiting the subject premises;

searching the subject premises for the purpose of finding records or other things relevant to the security matter and, for that purpose, opening any safe, box, drawer, parcel, envelope or other container in which there is reasonable cause to believe that any such records or other things may be found;

inspecting or otherwise examining any records or other things so found, and making copies or transcripts of any such record or other thing that appears to be relevant to the collection of intelligence by the Organisation in accordance with this Act;

removing and retaining any record or other thing so found, for the purposes of:

inspecting or examining it; and

in the case of a record—making copies or transcripts of it, in accordance with the warrant;

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

any other thing reasonably incidental to any of the above.

Personal searches may be specified

conducting an ordinary search or a frisk search of a person if:

the person is at or near the subject premises when the warrant is executed; and

there is reasonable cause to believe that the person has on his or her person records or other things relevant to the security matter;

inspecting or otherwise examining any records or other things so found, and making copies or transcripts of any such record or other thing that appears to be relevant to the collection of intelligence by the Organisation in accordance with this Act;

removing and retaining any record or other thing so found, for the purposes of:

inspecting or examining it; and

in the case of a record—making copies or transcripts of it, in accordance with the warrant.

Certain personal searches not authorised

if returning the record or thing would be prejudicial to security—only until returning the record or thing would no longer be prejudicial to security; and

otherwise—for only such time as is reasonable.

Other things that may be specified

where there is reasonable cause to believe that data relevant to the security matter may be accessible by using a computer or other electronic equipment, or a data storage device, brought to or found on the subject premises—using the computer, equipment or device for the purpose of obtaining access to any such data and, if necessary to achieve that purpose, adding, copying, deleting or altering other data in the computer, equipment or device;

using the computer, equipment or device to do any of the following:

inspecting and examining any data to which access has been obtained;

converting any data to which access has been obtained, that appears to be relevant to the collection of intelligence by the Organisation in accordance with this Act, into documentary form and removing any such document;

copying any data to which access has been obtained, that appears to be relevant to the collection of intelligence by the Organisation in accordance with this Act, to any data storage device and removing the device;

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

any other thing reasonably incidental to any of the above.

Certain acts not authorised

materially interfere with, interrupt or obstruct the lawful use by other persons of a computer or other electronic equipment, or a data storage device, found on the subject premises unless the addition, deletion or alteration, or the doing of the thing, is necessary to do one or more of the things specified under subsection (5); or

cause any other material loss or damage to other persons lawfully using the computer, equipment or device.

Warrant must provide for certain matters

authorise the use of any force against persons and things that is necessary and reasonable to do the things specified in the warrant; and

state whether entry is authorised to be made at any time of the day or night or during stated hours of the day or night.

Statement about warrant coming into force

a particular computer;

a computer on particular premises;

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

Authorisation in warrant

be signed by the Attorney-General; and

authorise the Organisation to do specified things, subject to any restrictions or conditions specified in the warrant, in relation to the target computer; and

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

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

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

Things that may be authorised in warrant

entering specified premises for the purposes of doing the things mentioned in this subsection;

entering any premises for the purposes of gaining entry to or exiting the specified premises;

using:

the target computer; or

a telecommunications facility operated or provided by the Commonwealth or a carrier; or

any other electronic equipment; or

a data storage device;

for the purpose of obtaining access to data (the relevant data) that is relevant to the security matter and is held in the target computer at any time while the warrant is in force and, if necessary to achieve that purpose, adding, copying, deleting or altering other data in the target computer;

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

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

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

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

copying any data to which access has been obtained, that appears to be relevant to the collection of intelligence by the Organisation in accordance with this Act;

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

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

any other thing reasonably incidental to any of the above.

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

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

the computer or thing must be returned to the premises:

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

otherwise—within a reasonable period.

Certain acts not authorised

materially interfere with, interrupt or obstruct a communication in transit or the lawful use by other persons of a computer unless the addition, deletion or alteration, or the doing of the thing, is necessary to do one or more of the things specified in the warrant; or

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

Warrant must provide for certain matters

authorise the use of any force against persons and things that is necessary and reasonable to do the things specified in the warrant; and

if the warrant authorises entering premises—state whether entry is authorised to be made at any time of the day or night or during stated hours of the day or night.

Duration of warrant

the warrant; or

this subsection;

the Organisation is authorised to do any of the following:

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

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

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

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

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

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

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

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

any other thing reasonably incidental to any of the above;

at the following time:

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

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

materially interfere with, interrupt or obstruct:

a communication in transit; or

the lawful use by other persons of a computer;

unless the doing of the thing is necessary to do one or more of the things specified in subsection (8); or

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

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

otherwise—within a reasonable period.

Subdivision D—Use of surveillance devices

in relation to one or more of the following:

a particular person;

particular premises;

an object or class of object; and

in respect of more than one kind of surveillance device; and

in respect of more than one surveillance device of any particular kind.

Test for issue of warrant

if the warrant is requested in relation to a particular person:

the person is engaged in or is reasonably suspected by the Director-General of being engaged in, or of being likely to engage in, activities prejudicial to security; and

the use by the Organisation of a surveillance device in relation to that person will, or is likely to, assist the Organisation in carrying out its function of obtaining intelligence relevant to security; and

if the warrant is requested in relation to particular premises:

those premises are used, likely to be used or frequented by a person engaged in or reasonably suspected by the Director-General of being engaged in, or of being likely to engage in, activities prejudicial to security; and

the use on behalf of the Organisation of a surveillance device in or on those premises will, or is likely to, assist the Organisation in carrying out its function of obtaining intelligence relevant to security; and

if the warrant is requested in relation to an object or class of object:

that object, or an object of that class, is used or worn, or likely to be used or worn by a person engaged in or reasonably suspected by the Director-General of being engaged in, or of being likely to engage in, activities prejudicial to security; and

the use by the Organisation of a surveillance device in or on that object, or an object of that class, will, or is likely to, assist the Organisation in carrying out its function of obtaining intelligence relevant to security.

be signed by the Attorney-General; and

specify:

the kind of surveillance device, or kinds of surveillance devices, authorised to be used; and

the date the warrant is issued; and

if the warrant is issued in relation to a particular person—the name of the person (if known) or the fact that the person’s identity is unknown; and

if the warrant is issued in relation to particular premises—the premises; and

if the warrant is issued in relation to an object or class of object—the object or class of object; and

authorise the use of any force against persons and things that is necessary and reasonable to do the things authorised by the warrant; and

state whether entry is authorised to be made at any time of the day or night or during stated hours of the day or night.

the installation, use and maintenance of a surveillance device of the kind specified in the warrant to:

listen to, record, observe or monitor the words, sounds or signals communicated to or by the person, or the activities of the person; or

track the person;

the installation, use and maintenance of a surveillance device of the kind specified in the warrant:

in or on premises where the person is reasonably believed to be or likely to be; or

in or on any other premises specified in the warrant from which the activities of that person, or the words, sounds or signals communicated by or to that person, can be listened to, recorded, observed or monitored;

entering the premises referred to in paragraph (b) for any of the purposes referred to in paragraph (a) or (b) or in subsection (4) or (5);

the installation, use and maintenance of a surveillance device of the kind specified in the warrant in or on any object used or worn, or likely to be used or worn, by the person;

the entry into or onto, or the alteration of, the object referred to in paragraph (d);

entering any premises in which the object referred to in paragraph (d) is or is likely to be found, for any of the purposes referred to in that paragraph or in subsection (4) or (5);

entering any other premises, for the purposes of gaining entry to or exiting premises referred in to paragraph (b) or (f);

any other thing reasonably incidental to any of the above.

Authorisation in warrant—particular premises

the installation, use and maintenance of a surveillance device of the kind specified in the warrant:

in or on the subject premises; or

in or on any other premises specified in the warrant from which the activities of a person, or the words, sounds or signals communicated by or to a person, can be listened to, recorded, observed or monitored while the person is in or on the subject premises;

entering the subject premises, or any other premises specified in the warrant, for any of the purposes referred to in paragraph (a) or subsection (4) or (5);

entering any other premises, for the purposes of gaining entry to or exiting the subject premises or any other premises specified in the warrant;

any other thing reasonably incidental to any of the above.

Authorisation in warrant—object or class of object

the installation, use and maintenance of a surveillance device of the kind specified in the warrant in or on the specified object, or an object of the specified class;

the entry into or onto, or alteration of, the specified object, or an object of the specified class;

entering any premises where the object, or an object of the class, is reasonably believed to be or is likely to be for any of the purposes referred to in paragraph (a) or (b) or subsection (4) or (5);

entering any other premises, for the purposes of gaining entry to or exiting premises referred to in paragraph (c);

any other thing reasonably incidental to any of the above.

Authorisation in warrant—general

the installation, use and maintenance of enhancement equipment in relation to the surveillance device;

the temporary removal of an object from premises for the installation or maintenance of the surveillance device or enhancement equipment and the return of the object to the premises;

the replacement of an object with an equivalent object for the purposes of the installation or maintenance of the surveillance device or enhancement equipment;

the breaking open of any thing for the installation or maintenance of the surveillance device or enhancement equipment;

the connection of the surveillance device or enhancement equipment to any source of electricity and the use of electricity from that source to operate the device or equipment;

the connection of the surveillance device or enhancement equipment to any object or system that may be used to transmit information in any form and the use of that object or system in connection with the operation of the device or equipment;

the doing of any thing reasonably necessary to conceal the fact that any thing has been done under the warrant;

any other thing reasonably incidental to any of the above.

Recovery of surveillance devices

recover the surveillance device or any enhancement equipment in relation to the device;

enter any premises where the surveillance device is reasonably believed to be, for the purpose of recovering the device or the equipment;

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

enter into or onto, or alter, an object for the purpose of recovering the device or the equipment;

replace an object with an equivalent object for the purposes of recovering the device or the equipment;

break open any thing for the purpose of recovering the device or the equipment;

if the device or equipment is installed in or on an object—temporarily remove the object from any place where it is situated for the purpose of recovering the device or the equipment and returning the object to that place;

use a nominal amount of electricity from any source to power the device or equipment;

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

use any force against persons and things that is necessary and reasonable to do any of the above;

any other thing reasonably incidental to any of the above;

at the following time:

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

if the surveillance device is not recovered at a time mentioned in paragraph (l)—at the earliest time, after the 28 days mentioned in that paragraph, at which it is reasonably practicable to do the things concerned.

the surveillance device is not recovered while the warrant is in force; and

the surveillance device is a tracking device;

the Organisation is also authorised to use the surveillance device or any enhancement equipment in relation to the device solely for the purposes of the location and recovery of the device or equipment.

an ASIO employee acting in the course of the ASIO employee’s duties;

an ASIO affiliate acting in accordance with the contract, agreement or other arrangement under which the ASIO affiliate is performing functions or services for the Organisation;

may install, use or maintain a tracking device without warrant or internal authorisation for the purposes of tracking a person if the person consents to the installation, use or maintenance.

an ASIO employee acting in the course of the ASIO employee’s duties;

an ASIO affiliate, acting in accordance with the contract, agreement or other arrangement under which the ASIO affiliate is performing functions or services for the Organisation;

may install, use or maintain a tracking device without warrant or internal authorisation for the purposes of tracking an object if the person using the object consents to the installation, use or maintenance.

a specified ASIO affiliate; or

a specified class of ASIO affiliates.

a Deputy Director-General; or

any other ASIO employee or ASIO affiliate who holds, or is acting in, a position in the Organisation that is equivalent to or higher than a position occupied by an SES employee with a classification of SES Band 2.

entering premises or interfering with the interior of a vehicle without permission;

remotely installing a tracking device;

installing a tracking device to listen to a person;

any other thing that the Organisation would otherwise need a warrant under section 25A to do.

See section 26K.

a particular person;

an object or a class of object.

in writing; or

orally in person, or by telephone or other means of communication.

the facts and other grounds on which the applicant considers it necessary that the authorisation should be given; and

the extent to which the applicant considers that the authorisation will substantially assist the collection of intelligence in respect of the security matter; and

the period for which the applicant considers the authorisation should remain in force, which must not exceed 90 days.

if the authorisation is requested in relation to a particular person—the use by the Organisation of a tracking device in relation to the person will, or is likely to, substantially assist the collection of intelligence in respect of the security matter; and

if the authorisation is requested in relation to an object or class of object—the use by the Organisation of a tracking device in or on that object, or an object of that class, will, or is likely to, substantially assist the collection of intelligence in respect of the security matter.

in writing; or

orally in person, or by telephone or other means of communication.

(a) the matter (the security matter) that is important in relation to security in respect of which the authorisation is given; and

the day and time the authorisation is given; and

if the authorisation is given in relation to a particular person—the name of the person (if known) or the fact that the person’s identity is unknown; and

if the authorisation is given in relation to an object or a class of object—the object or class of object; and

the restrictions or conditions (if any) to which the authorisation is subject.

the authorising officer considers reasonable and necessary in the circumstances; and

does not exceed 90 days;

but the authorising officer may revoke the authorisation before the period has expired.

an authorisation under this section;

a written record referred to in subsection (5).

install, use or maintain one or more tracking devices to track the person;

install, use or maintain one or more tracking devices in or on any object used or worn, or likely to be used or worn, by the person;

install, use or maintain enhancement equipment in relation to the device or devices referred to in paragraph (a) or (b);

enter into or onto, or alter, the object referred to in paragraph (b);

any thing reasonably necessary to conceal the fact that any thing has been done in accordance with the authorisation;

any other thing reasonably incidental to any of the above.

Things that may be authorised—object or class of object

install, use or maintain one or more tracking devices in or on the specified object, or an object of the specified class;

install, use or maintain enhancement equipment in relation to the device or devices;

enter into or onto, or alter, the specified object, or an object of the specified class;

any thing reasonably necessary to conceal the fact that any thing has been done in accordance with the authorisation;

any other thing reasonably incidental to any of the above.

recover the tracking device or any enhancement equipment in relation to the device;

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

any other thing reasonably incidental to any of the above;

at the following time:

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

if the device or equipment is not recovered at a time mentioned in paragraph (d)—at the earliest time, after the 28 days mentioned in that paragraph, at which it is reasonably practicable to do the things concerned.

in writing; or

orally in person, or by telephone or other means of communication.

the facts and other grounds on which the applicant considers it necessary that the authorisation should be varied; and

(b) the extent to which the applicant considers that the authorisation, as varied, will substantially assist the collection of intelligence in respect of the matter (the security matter) that is important in relation to security in respect of which the authorisation is given.

in writing; or

orally in person, or by telephone or other means of communication.

a variation under this section;

a written record referred to in subsection (9).

an internal authorisation was given in relation to more than one of the matters mentioned in subsection 26G(2); and

the grounds on which the internal authorisation was given continue to exist for at least one of those matters;

subsection (1) applies only in relation to the matters for which the grounds have ceased to exist.

the name of the person who made the request; and

the matter that is important in relation to security in respect of which the authorisation was requested; and

the day on which the authorisation was given or refused; and

the name of the authorising officer who gave or refused to give the authorisation; and

if the authorisation was given:

the day on which the authorisation ceased to be in force; and

whether action under the authorisation was discontinued in accordance with section 26P, and, if so, the day on which the action was discontinued; and

the location at which any record relating to the request (including the request) is kept by the Organisation.

the relevant devices, or relevant equipment, were:

installed in or on an object by the Organisation; or

used by the Organisation; or

maintained by the Organisation; and

the installation, use or maintenance was not under:

a surveillance device warrant; or

a warrant issued under section 27A; or

an identified person warrant; and

recovery of the device or devices or equipment may involve either or both of the following:

entering premises without permission from the owner or occupier of the premises;

interference with the interior of a vehicle without permission of the person having lawful possession or control of the vehicle.

Issue of warrant

be signed by the Attorney-General; and

specify:

details of the relevant devices or relevant equipment; and

the day the warrant is issued; and

the period during which the warrant is in force, which must not be more than 90 days; and

any restrictions or conditions that the Attorney-General considers appropriate in the circumstances; and

authorise the use of any force against persons and things that is necessary and reasonable to do the things authorised by the warrant; and

state whether entry to premises is authorised to be made at any time of the day or night or during stated hours of the day or night.

recover the devices or equipment; and

do any of the following:

use the devices or equipment solely for the purposes of locating the devices or equipment;

enter any premises where the devices or equipment are reasonably believed to be, for the purpose of recovering the devices or equipment;

enter any other premises for the purpose of gaining entry to or exiting the premises referred to in subparagraph (ii);

enter into or onto, or alter, an object for the purpose of recovering the devices or equipment;

replace an object with an equivalent object for the purpose of recovering the devices or equipment;

break open any thing for the purpose of recovering the devices or equipment;

if the devices or equipment are installed in or on an object—temporarily remove the object from any place where it is situated for the purpose of recovering the devices or equipment and returning the object to that place;

use a nominal amount of electricity from any source to power the devices or equipment;

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

use any force against persons and things that is necessary and reasonable to do any of the above;

any other thing reasonably incidental to any of the above.

Subdivision E—Inspection of postal and other articles

for a person, being the Director-General, an ASIO employee or an ASIO affiliate acting in his or her capacity as such, to seek from the Australian Postal Corporation or from an employee or agent of that Corporation; or

for that Corporation or an employee or agent of that Corporation to provide to such a person;

access to a postal article that is in the course of the post or information concerning the contents or cover of any postal article except in pursuance of, or for the purposes of, a warrant under this Division, and it is the duty of the Director-General to take all reasonable steps to ensure that this subsection is not contravened.

that person is engaged in or is reasonably suspected by the Director-General of being engaged in, or of being likely to engage in, activities prejudicial to security; and

access by the Organisation to postal articles posted by or on behalf of, addressed to or intended to be received by, that person, while the articles are in the course of the post, will, or is likely to, assist the Organisation in carrying out its function of obtaining intelligence relevant to security;

the Attorney-General may, by warrant under his or her hand, authorize the Organisation to do such of the following acts and things as the Attorney-General considers appropriate in the circumstances, namely, with respect to postal articles in the course of the post that were posted by or on behalf of, or are addressed to, that person or are reasonably suspected by a person authorized to exercise the authority of the Organisation under the warrant to be intended to be received by that person, to inspect, and make copies of, or of the covers of, the articles, and to open the articles and inspect and make copies of the contents of any such article.

some or all of the postal articles that are being, or are likely to be, sent by post to that address are or will be intended to be received by a person (whether of known identity or not) engaged in, or reasonably suspected by the Director-General of being engaged in, or of being likely to engage in, activities prejudicial to security; and

access by the Organisation to postal articles posted to that address and intended to be received by the person referred to in paragraph (a) will, or is likely to, assist the Organisation in carrying out its function of obtaining intelligence relevant to security;

the Attorney-General may, by warrant under his or her hand, authorize the Organisation to do such of the following acts and things as the Attorney-General considers appropriate in the circumstances, namely, with respect to postal articles in the course of the post that are addressed to that address and appear on their face to be, or are reasonably suspected by a person authorized to exercise the authority of the Organisation under the warrant to be, intended to be received by the person referred to in paragraph (a), to inspect, and make copies of, or of the covers of, the articles and to open the articles and inspect and make copies of the contents of any such article.

cause the Australian Postal Corporation to be informed of the issue of the warrant without delay; and

where, under section 32, the Director-General receives the warrant—cause a certified copy of the warrant to be given to the Australian Postal Corporation as soon as practicable.

the Director-General has been informed under section 32 of the issue of a warrant under this section; and

the Director-General is informed under that section that the warrant has been revoked;

the Director-General must:

cause the Australian Postal Corporation to be informed of the revocation without delay; and

where, under section 32, the Director-General receives the instrument of revocation—cause a certified copy of the instrument of revocation to be given to the Australian Postal Corporation as soon as practicable.

the Director-General, an ASIO employee or an ASIO affiliate, for the purposes of the Organisation, to seek from a delivery service provider or from an employee or agent of a delivery service provider; or

a delivery service provider or an employee or agent of a delivery service provider to give the Director-General, an ASIO employee or an ASIO affiliate, for the purposes of the Organisation;

access to:

an article that is being delivered by the delivery service provider; or

information concerning the contents or cover of any such article;

except in accordance with, or for the purposes of, a warrant under this Division. It is the duty of the Director-General to take all reasonable steps to ensure that this subsection is not contravened.

Issue of delivery services warrant

(a) a person (the subject) is engaged in or is reasonably suspected by the Director-General of being engaged in, or of being likely to engage in, activities prejudicial to security; and

access by the Organisation to articles sent by or on behalf of, addressed to or intended to be received by, the subject while the articles are being delivered by a delivery service provider, will, or is likely to, assist the Organisation in carrying out its function of obtaining intelligence relevant to security.

Authorisation in warrant

are being delivered by the delivery service provider; and

in respect of which any of the following are satisfied:

the articles have been sent by or on behalf of the subject, who must be specified in the warrant, or addressed to the subject; or

the articles are reasonably suspected, by a person authorised to exercise the authority of the Organisation under the warrant, of having been so sent or addressed; or

the articles are intended to be received by the subject, who must be specified in the warrant, or are reasonably suspected, by a person authorised to exercise the authority of the Organisation under the warrant, of being intended to be received by the subject.

Things that may be specified for a warrant issued under subsection (3)

inspecting or making copies of the articles or the covers of the articles;

opening the articles;

inspecting and making copies of the contents of the articles;

any other thing reasonably incidental to any of the above.

Test 2 for issue of warrant

(a) some or all of the articles that are being, or are likely to be, sent by a delivery service provider to an address (the subject address) are, or will be intended to be, received by a person (the subject) (whether of known identity or not) engaged in, or reasonably suspected by the Director-General of being engaged in, or of being likely to engage in, activities prejudicial to security; and

access by the Organisation to articles sent to, or intended to be received by, the subject while the articles are being delivered by a delivery service provider will, or is likely to, assist the Organisation in carrying out its function of obtaining intelligence relevant to security.

Authorisation in warrant

are being delivered by the delivery service provider; and

are addressed to the subject address, which must be specified in the warrant; and

appear on their face to be, or are reasonably suspected by a person authorised to exercise the authority of the Organisation under the warrant to be, intended to be received by the subject.

Things that may be specified for warrant issued under subsection (6)

inspecting or making copies of any of the articles or the covers of the articles;

opening any of the articles;

inspecting and making copies of the contents of any of the articles;

any other thing reasonably incidental to any of the above.

Duration of warrant

any person performing services for the delivery service provider otherwise than under a contract of service; and

an employee of the person mentioned in paragraph (a).

article means any object reasonably capable of being sent through the post.

delivery service provider means a person whose business is or includes delivering articles.

Subdivision F—Foreign intelligence

the Director-General gives a notice in writing to the Attorney-General requesting the Attorney-General to issue a warrant under this section in relation to premises, a person, a computer or an object identified in the notice authorising the Organisation to do acts or things referred to in whichever of subsections 25(4) or (5), 25A(4), 26B(1), (2), (3) or (4), 27(2) or (3) or 27AA(5) or (8) is or are specified in the notice for the purpose of obtaining foreign intelligence relating to a matter specified in the notice; and

the Attorney-General is satisfied, on the basis of advice received from the Defence Minister or the Foreign Affairs Minister, that 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;

the Attorney-General may, by warrant under his or her hand, authorise the Organisation, subject to any conditions or restrictions that are specified in the warrant, to do such of those acts or things in relation to those premises, that person, that computer or those objects as the Attorney-General considers appropriate in the circumstances and are specified in the warrant for the purpose of obtaining that intelligence.

authorise the use of any force against persons and things that is necessary and reasonable to do the things mentioned in subsection (1); and

if the warrant authorises entering premises—state whether entry is authorised to be made at any time of the day or night or during stated hours of the day or night.

in a case where the warrant authorises the doing of acts or things referred to in subsection 25(4) or (5)—90 days;

in a case where the warrant authorises the doing of acts or things referred to in subsection 25A(4), 26B(1), (2), (3) or (4), 27(2) or (3) or 27AA(5) or (8)—6 months;

but may be revoked by the Attorney-General at any time before the end of the period so specified.

recover the surveillance device or any enhancement equipment in relation to the device;

enter any premises where the surveillance device is reasonably believed to be, for the purpose of recovering the device or the equipment;

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

enter into or onto, or alter, an object for the purpose of recovering the device or the equipment;

replace an object with an equivalent object for the purposes of recovering the device or the equipment;

break open any thing for the purpose of recovering the device or the equipment;

if the device or equipment is installed in or on an object—temporarily remove the object from any place where it is situated for the purpose of recovering the device or the equipment and returning the object to that place;

use a nominal amount of electricity from any source to power the device or equipment;

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

use any force against persons and things that is necessary and reasonable to do any of the above;

any other thing reasonably incidental to any of the above;

at the following time:

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

if the surveillance device is not recovered at a time mentioned in paragraph (l)—at the earliest time, after the 28 days mentioned in that paragraph, at which it is reasonably practicable to do the things concerned.

the surveillance device is not recovered while the warrant is in force; and

the surveillance device is a tracking device;

the Organisation is also authorised to use the surveillance device or any enhancement equipment in relation to the device solely for the purposes of the location and recovery of the device or equipment.

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

this subsection;

the Organisation is authorised to do any of the following:

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

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

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

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

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

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

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

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

any other thing reasonably incidental to any of the above;

at the following time:

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

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

materially interfere with, interrupt or obstruct:

a communication in transit; or

the lawful use by other persons of a computer;

unless the doing of the thing is necessary to do one or more of the things specified in subsection (3C); or

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

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

otherwise—within a reasonable period.

cause the Australian Postal Corporation to be informed of the issue of the warrant without delay; and

where, under section 32, the Director-General receives the warrant—cause a certified copy of the warrant to be given to the Australian Postal Corporation as soon as practicable.

the Director-General has been informed under section 32 of the issue of a warrant under this section authorising the doing of acts or things referred to in subsection 27(2) or (3); and

the Director-General is informed under section 32 that the warrant has been revoked;

the Director-General must:

cause the Australian Postal Corporation to be informed of the revocation without delay; and

where, under section 32, the Director-General receives the instrument of revocation—cause a certified copy of the instrument of revocation to be given to the Australian Postal Corporation as soon as practicable.

the Director-General must include details in the request about the grounds on which the Director-General suspects that the person is acting for, or on behalf of, a foreign power; and

the Attorney-General must not issue the warrant unless the Attorney-General is satisfied that the person is, or is reasonably suspected by the Director-General of, acting for, or on behalf of, a foreign power.

the person is engaged in or is reasonably suspected by the Director-General of being engaged in, or of being likely to engage in, activities prejudicial to security; and

the issuing of the warrant in relation to the person will, or is likely to, substantially assist the collection of intelligence relevant to security.

Requirements for warrant

be signed by the Attorney-General; and

identify the person:

if the name of the person is known—by specifying the person’s name; or

otherwise—by including other details sufficient to identify the person; and

give conditional approval for the Organisation to do one or more of the following:

access records or other things in or on premises;

access data held in computers;

use one or more kinds of surveillance devices;

access postal articles that are in the course of the post;

access articles that are being delivered by a delivery service provider.

Duration of warrant

enter the subject premises;

enter any premises for the purposes of gaining entry to or exiting the subject premises;

search the subject premises for the purpose of finding records or other things relevant to the prejudicial activities of the identified person;

open any safe, box, drawer, parcel, envelope or other container in or on the premises in which there is reasonable cause to believe that records or other things relevant to the prejudicial activities of the identified person may be found;

conduct an ordinary search or a frisk search of the identified person or any other person if:

the person is at or near the subject premises when the authority given by this subsection is exercised; and

there is reasonable cause to believe that the person has, on his or her person, records or other things that are relevant to the prejudicial activities of the identified person;

inspect or otherwise examine any records or other things so found, and make copies or transcripts of any such record or other thing that appears to be relevant to the collection of intelligence by the Organisation in accordance with this Act;

remove and retain any record or other thing so found, for the purposes of:

inspecting or examining it; and

making copies or transcripts of it;

if there is reasonable cause to believe that data relevant to the prejudicial activities of the identified person may be accessible by using a computer or other electronic equipment, or a data storage device, brought to or found on the subject premises—use the computer, equipment or device for the purpose of obtaining access to any such data and, if necessary to achieve that purpose, add, copy, delete or alter other data in the computer, equipment or device;

if paragraph (h) applies—use the computer, equipment or device to do any of the following:

inspect and examine any data to which access has been obtained;

convert any data to which access has been obtained, that appears to be relevant to the collection of intelligence by the Organisation in accordance with this Act, into documentary form and removing any such document;

copy any data to which access has been obtained, that appears to be relevant to the collection of intelligence by the Organisation in accordance with this Act, to any data storage device and remove the device;

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

any other thing reasonably incidental to any of the above.

Test for authorisation

if returning the record or thing would be prejudicial to security—only until returning the record or thing would no longer be prejudicial to security; and

otherwise—for only such time as is reasonable.

Certain acts not authorised

materially interfere with, interrupt or obstruct the lawful use by other persons of a computer or other electronic equipment, or a data storage device, found on the subject premises unless the addition, deletion or alteration, or the doing of the thing, is necessary to do the things authorised under one or more of those paragraphs; or

cause any other material loss or damage to other persons lawfully using the computer, equipment or device.

enter specified premises for the purposes of doing the things authorised under this subsection;

enter any premises for the purposes of gaining entry to or exiting the specified premises;

use:

the target computer; or

a telecommunications facility operated or provided by the Commonwealth or a carrier; or

any other electronic equipment; or

a data storage device;

for the purpose of obtaining access to data (the relevant data) that is relevant to the prejudicial activities of the identified person and is held in the target computer at any time while the authorisation is in force and, if necessary to achieve that purpose, add, copy, delete or alter other data in the target computer;

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

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

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

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

copy any data to which access has been obtained, that appears to be relevant to the collection of intelligence by the Organisation in accordance with this Act;

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

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

any other thing reasonably incidental to any of the above.

Target computer

a particular computer;

a computer on particular premises;

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

Return of computer or other thing

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

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

the computer or thing must be returned to the premises:

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

otherwise—within a reasonable period.

Test for authorisation

materially interfere with, interrupt or obstruct a communication in transit or the lawful use by other persons of a computer unless the addition, deletion or alteration, or the doing of the thing, is necessary to do one or more of the things authorised under subsection (2); or

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

Concealment of access etc.

a subsection (2) authorisation; or

under this subsection;

the Organisation is authorised to do any of the following:

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

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

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

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

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

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

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

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

any other thing reasonably incidental to any of the above;

at the following time:

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

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

materially interfere with, interrupt or obstruct:

a communication in transit; or

the lawful use by other persons of a computer;

unless the doing of the thing is necessary to do one or more of the things specified in subsection (6); or

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

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

otherwise—within a reasonable period.

install, use and maintain surveillance devices of the kind specified in the conditional approval to:

listen to, record, observe or monitor the words, sounds or signals communicated to or by the identified person, or the activities of the identified person; or

track the identified person;

install, use and maintain surveillance devices of the kind specified in the conditional approval:

in or on premises where the identified person is reasonably believed to be or likely to be; or

in or on any other specified premises from which the activities of the identified person, or the words, sounds or signals communicated by or to the identified person, can be listened to, recorded, observed or monitored;

enter the premises referred to in paragraph (b) for any of the purposes referred to in paragraph (a) or (b) or in subsection 26B(4), (5) or (6) (as those subsections apply because of this section);

install, use and maintain surveillance devices of the kind specified in the conditional approval in or on any object used or worn, or likely to be used or worn, by the identified person;

enter into or onto, or alter, an object referred to in paragraph (d);

enter any premises in which an object referred to in paragraph (d) is or is likely to be found, for any of the purposes referred to in that paragraph or in subsection 26B(4), (5) or (6) (as those subsections apply because of this section);

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

any other thing reasonably incidental to any of the above.

Test for authorisation

articles posted by or on behalf of the identified person;

articles addressed to the identified person;

articles reasonably suspected by a person authorised to exercise the authority of the Organisation under the warrant to be intended to be received by the identified person.

inspect and make copies of the articles, or the covers of the articles;

open the articles;

inspect and make copies of the contents of the articles;

any other thing reasonably incidental to any of the above.

Test for authorisation

inform the Australian Postal Corporation of that fact; and

give a certified copy of the authorisation to the Australian Postal Corporation.

an authorisation under this section;

the identified person warrant under which the authorisation is given;

the Director-General must:

inform the Australian Postal Corporation of that fact; and

give a certified copy of the instrument of revocation to the Australian Postal Corporation.

articles posted by or on behalf of the identified person;

articles addressed to the identified person;

articles reasonably suspected by a person authorised to exercise the authority of the Organisation under the warrant to be intended to be received by the identified person.

inspect and make copies of the articles, or the covers of the articles;

open the articles;

inspect and make copies of the contents of the articles;

any other thing reasonably incidental to any of the above.

Test for authorisation

if the request is to the Attorney-General—by the Director-General; or

if the request is to the Director-General—by an ASIO employee or an ASIO affiliate.

must be in writing; and

must identify the identified person warrant under which the authorisation is given; and

must specify:

for an authorisation under section 27D (search of premises or persons)—the subject premises; and

for an authorisation under section 27E (computer access)—the target computer; and

the thing or things that are authorised to be done; and

the restrictions or conditions (if any) to which the authorisation is subject; and

the period during which the authorisation is in force; and

must authorise the use of any force against persons and things that is necessary and reasonable to do the things covered by the authorisation; and

if the authorisation authorises entering premises—must state whether entry is authorised to be made at any time of the day or night or during stated hours of the day or night.

in the case of an authorisation under section 27D (search of premises and persons)—must not be more than 90 days; and

in any case—must not end after the end of the period for which the identified person warrant under which the authorisation is given is in force.

When authorisations cease to be in force

the time the identified person warrant under which the authorisation is given ceases to be in force;

the time it is revoked by the Attorney-General or the Director-General;

the time specified in the authorisation.

Other matters

the Director-General has forwarded or made a request to the Attorney-General for the issue of a warrant under section 25, 25A, 26, 26R, 27 or 27AA;

the Attorney-General has not, to the knowledge of the Director-General, issued, or refused to issue, a warrant as a result of the request and has not, within the preceding period of 3 months, refused to issue a substantially similar warrant;

the Director-General has not, within the preceding period of 3 months, issued a substantially similar warrant; and

the Director-General is satisfied:

that the facts of the case would justify the issue of a warrant by the Attorney-General; and

that, if the action to be authorized by the warrant does not commence before a warrant can be issued and made available by the Attorney-General, security will be, or is likely to be, seriously prejudiced;

the Director-General may issue a warrant signed by the Director-General of the kind that could be issued by the Attorney-General in pursuance of the request.

a copy of the warrant; and

a statement of the grounds on which the Director-General is satisfied as to the matter referred to in subparagraph (1)(d)(ii).

for a warrant issued under section 25 or 26R—90 days; or

for a warrant issued under section 25A, 26, 27, 27AA or 27C—6 months.

the facts and other grounds on which the Director-General considers it necessary that the warrant should be varied; and

where appropriate—the grounds on which the Director-General suspects a person of being engaged in or reasonably suspected by the Director-General of being engaged in, or of being likely to engage in, activities prejudicial to security.

inform the Attorney-General of that fact; and

take such steps as are necessary to ensure that action under the warrant is discontinued.

if the warrant is issued under section 26R—includes the recovery of a tracking device or any enhancement equipment in relation to the device; or

otherwise:

includes action under an authorisation given under an identified person warrant; but

does not include the recovery of a surveillance device or any enhancement equipment in relation to the device.

a surveillance device warrant was issued in relation to more than one of the matters mentioned in paragraph 26(2)(a); and

the grounds on which the warrant was issued continue to exist for at least one of those matters;

subsection (1) applies only in relation to the matters for which the grounds have ceased to exist.

in writing; and

as soon as practicable after such force is used.

cause the Director-General to be informed forthwith of the issue of the warrant or of the revocation, as the case may be; and

cause the warrant or the instrument of revocation, as the case may be, to be forwarded as soon as practicable to the Director-General.

in accordance with a warrant issued under section 26, 26R, 27A or 27C; or

in accordance with an authorisation given under section 26G; or

in accordance with subsection 26B(5) or (6), section 26C, 26D, or 26E, or subsection 27A(3A) or (3B) or 27F(5).

in accordance with a warrant issued under section 26, 27A or 27C; or

in accordance with an authorisation given under section 26G; or

in accordance with subsection 26B(5) or (6), section 26C, 26D or 26E, or subsection 27A(3A) or (3B) or 27F(5).

the warrant was issued under section 25, 25A, 27A, 27C or 29; and

a thing mentioned in subsection 25(5) or 25A(4) or (8) or 27A(3C), paragraph 27D(2)(h) to (k) or subsection 27E(2) or (6) was done under the warrant;

the report must also include details of anything done that materially interfered with, interrupted or obstructed the lawful use by other persons of a computer or other electronic equipment, or a data storage device.

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

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

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

the Director-General must:

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

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

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

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

the Director-General must:

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

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

Prescribed post-cessation period

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

each subsequent 3-month period.

give the Attorney-General a written report that meets the requirements of subsection (2); and

do so within 3 months of the day on which the internal authorisation ceases to be in force.

give details of the extent to which any thing done in accordance with the authorisation has assisted the Organisation in carrying out its functions; and

(b) give details of the matter (the security matter) that is important in relation to security in respect of which the authorisation is given; and

state the name, if known, of any person whose location was determined by the use of a tracking device in accordance with the authorisation; and

state the period during which a tracking device was used in accordance with the authorisation; and

give details of:

any object in or on which a tracking device was installed in accordance with the authorisation; and

the premises where the object was located when the device was installed; and

give details of the compliance with the restrictions or conditions (if any) to which the authorisation was subject; and

state whether the authorisation was varied, and, if so:

the number of variations; and

the reasons for each variation.

in connection with a relevant warrant; or

in accordance with a relevant authorising provision.

a warrant issued under section 25, but only if the warrant authorises the doing of acts or things referred to in paragraph 25(5)(a), (b), (c) or (d), and only with respect to those acts or things; or

a warrant issued under section 27A or 29, but only if the warrant authorises the doing of acts or things referred to in subsection 25(5) or section 25A or 26B, and only with respect to those acts or things; or

a warrant issued under section 27C, but only if acts or things are authorised under paragraphs 27D(2)(h) to (k) or section 27E or 27F under the warrant, and only with respect to those acts or things.

if premises were entered under the relevant warrant or relevant authorising provision:

details of the premises; or

the time of day or night the premises were entered;

if data was accessed under the relevant warrant or relevant authorising provision—details of the computer, telecommunications facility, electronic equipment, data storage device or communication in transit used for the purpose of obtaining such access;

if the warrant is a surveillance device warrant—the matters required to be specified under section 26A for the warrant;

if the authorising provision is section 26G—the matters required to be specified under subsection 26H(2);

if the warrant is issued under section 26R—the matters required to be specified under subsection 26R(4) for the warrant;

if one or more surveillance devices were installed, used or maintained under the relevant warrant or relevant authorising provision:

details of the installation, use or maintenance of the surveillance device or devices; or

details of the installation, use or maintenance of any enhancement equipment in relation to the surveillance device; or

details of the processes and procedures employed to use the surveillance device or devices, or any enhancement equipment; or

details of acts or things done for the purposes of recovering the surveillance device or devices, or any enhancement equipment;

details of things done under the relevant warrant or relevant authorising provision that were reasonably necessary to conceal the fact that things were done under the relevant warrant or relevant authorising provision;

details of persons who exercised the authority given by the relevant warrant or relevant authorising provision;

details of things done under the relevant warrant or relevant authorising provision that were reasonably incidental to any of the acts or things done by, on behalf of, or in relation to, the Organisation in connection with the relevant warrant or relevant authorising provision.

a proceeding or proposed proceeding in a federal court, or in a court of a State or Territory; or

a proceeding or proposed proceeding (including a hearing or examination, or proposed hearing or examination) by or before:

a tribunal in Australia; or

any other body, authority or person in Australia having power to hear or examine evidence.

relevant authorising provision means subsection 25A(8), 26B(5) or (6), section 26C, 26D, 26E or 26G or subsection 27A(3A), (3B) or (3C), 27E(6) or 27F(5).

relevant warrant means a warrant issued under section 25, 25A, 26, 26R, 27A, 27C or 29.

Subdivision J—Assistance relating to access to data

access data held in, or accessible from, a computer or data storage device that:

is the subject of a warrant under section 25A, 26 or 27A; or

is the subject of an authorisation under section 27E or 27F; or

is on premises in relation to which a warrant under section 25, 26 or 27A is in force; or

is on premises in relation to which an authorisation under section 27D or 27F is in force; or

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

is found in the course of an ordinary search of a person, or a frisk search of a person, authorised under section 27D; or

has been removed from premises under a warrant under section 25, 26 or 27A; or

has been removed from premises under section 27D; or

has been seized under subsection 34CC(5);

copy data held in, or accessible from, a computer, or data storage device, described in paragraph (a) to another data storage device;

convert into documentary form or another form intelligible to an ASIO employee or ASIO affiliate:

data held in, or accessible from, a computer, or data storage device, described in paragraph (a); or

data held in a data storage device to which the data was copied as described in paragraph (b); or

data held in a computer or data storage device removed from premises under a warrant under section 25, 26 or 27A; or

data held in a computer or data storage device removed from premises under section 27D.

in a case where the computer or data storage device:

is the subject of a warrant under section 27A; or

is on premises in relation to which a warrant under section 27A is in force; or

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

has been removed from premises under a warrant under section 27A;

the Attorney-General is satisfied, on reasonable grounds, that:

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

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

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

the Attorney-General is satisfied, on reasonable grounds, that the specified person is:

reasonably suspected of being involved in activities that are prejudicial to security; or

the owner or lessee of the computer or device; or

an employee of the owner or lessee of the computer or device; or

a person engaged under a contract for services by the owner or lessee of the computer or device; or

a person who uses or has used the computer or device; or

a person who is or was a system administrator for the system including the computer or device; and

the Attorney-General is satisfied, on reasonable grounds, that the specified person has relevant knowledge of:

the computer or device or a computer network of which the computer or device forms or formed a part; or

measures applied to protect data held in, or accessible from, the computer or device.

specify the period within which the person must provide the information or assistance; and

specify the place at which the person must provide the information or assistance; and

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.

orally; or

in writing.

make a written record of the request; and

do so within 48 hours after the request was made.

an order is in force under this section; and

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.

the person is subject to an order under this section; and

the person is capable of complying with a requirement in the order; and

the person omits to do an act; and

the omission contravenes the requirement.

a parent of the subject; or

a guardian of the subject; or

another person who meets the requirements in subsection (2).

is able to represent the subject’s interests; and

is, as far as practicable in the circumstances, acceptable to the subject and, if applicable, to the prescribed authority; and

is not one of the following:

a police officer;

the Director-General;

an ASIO employee or an ASIO affiliate;

a person approved under section 24.

any information given by a person while before a prescribed authority for questioning under a questioning warrant; or

a record or other thing produced by a person while before a prescribed authority for questioning under a questioning warrant; or

any information that might enable a person, who has appeared before a prescribed authority for questioning under a questioning warrant, to be identified; or

the fact that a person has appeared, or is required to appear, before a prescribed authority for questioning under a questioning warrant.

for questioning material—the person referred to in paragraph (1)(a), (b), (c) or (d); or

for derivative material—the person who is the subject for the questioning material from which the derivative material was obtained.

when:

the charge is withdrawn; or

the charge is dismissed; or

the person is not committed on the charge following a committal hearing; or

the person is acquitted of the offence; or

the person is sentenced for the offence; or

the person is dealt with by being the subject of a court order made as a consequence of a finding of guilt; or

the charge is otherwise finally dealt with;

if an appeal relating to the charge is not lodged within the period for lodging such an appeal—when that period ends;

if an appeal relating to the charge is lodged—when the appeal lapses or is finally determined.

Despite paragraph (b), if an appeal relating to the charge is lodged after that period ends, the charge ceases to be resolved until that appeal lapses or is finally determined.

when the proceeding is discontinued;

if an appeal relating to the proceeding is not lodged within the period for lodging such an appeal—when that period ends;

if an appeal relating to the proceeding is lodged—when the appeal lapses or is finally determined.

Despite paragraph (b), if an appeal relating to the proceeding is lodged after that period ends, the proceeding ceases to be resolved until that appeal lapses or is finally determined.

a person who:

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

no longer holds a commission as a judge of a superior court; or

a person who holds an appointment to the Administrative Review Tribunal as President or Deputy President; or

a person who:

is enrolled as a legal practitioner of a federal court or of the Supreme Court of a State or Territory; and

has engaged in practice as a legal practitioner for at least 10 years; and

holds a practising certificate granted under a law of a State or Territory; and

is a Senior Counsel.

an ASIO employee or an ASIO affiliate; or

the Director-General; or

(c) an AGS lawyer (within the meaning of the Judiciary Act 1903); or

an IGIS official; or

(e) a person referred to in subsection 6(1) of the Australian Federal Police Act 1979; or

a staff member of a law enforcement agency (other than the Australian Federal Police); or

a staff member of an intelligence or security agency.

the person has, in writing, consented to being appointed; and

the consent is in force.

whether the person engages in any paid or unpaid work that conflicts, or could conflict, with the proper performance of the person’s duties as a prescribed authority; and

whether the person has any interests, pecuniary or otherwise, that conflict, or could conflict, with the proper performance of the person’s duties as a prescribed authority.

Duty to disclose interests

is appointed as a prescribed authority; and

has a material personal interest that relates to the proper performance of the person’s duties as a prescribed authority;

must disclose that interest, in writing, to the Attorney-General.

the nature and extent of the interest; and

how the interest relates to the proper performance of the person’s duties as a prescribed authority.

as soon as practicable after the person becomes aware of the interest; and

if there is a change in the nature or extent of the interest after the person has disclosed the interest under this section—as soon as practicable after the person becomes aware of that change.

Termination of appointment

for misbehaviour; or

if the prescribed authority is unable to perform the duties of a prescribed authority because of physical or mental incapacity; or

if the prescribed authority becomes bankrupt; or

if the prescribed authority fails, without reasonable excuse, to comply with subsection (6), (7) or (8); or

if the prescribed authority engages in paid or unpaid work, or has an interest, pecuniary or otherwise, that, in the Attorney-General’s opinion, conflicts or could conflict with the proper performance of the prescribed authority’s duties.

Definitions

the Inspector-General of Intelligence and Security;

the Commissioner of the Australian Federal Police.

Approval by Attorney-General

the warrant; or

a direction given by a prescribed authority in relation to the warrant.

an adult questioning warrant; or

a minor questioning warrant.

in writing; or

if the Director-General reasonably believes that the delay caused by making a written request may be prejudicial to security—orally in person, or by telephone or other means of communication.

a statement of the facts and other grounds on which the Director-General considers it necessary that the warrant should be issued; and

a statement of the particulars and outcomes of any previous requests for the issue of a questioning warrant in relation to the person; and

if one or more warrants were issued as a result of the previous requests—a statement of:

the period for which the person was questioned under each of those warrants; and

whether the person was apprehended in connection with any of those warrants; and

whether the request is for a warrant that includes an immediate appearance requirement; and