legal advice or legal representation in connection with the question of whether the organisation is a terrorist organisation; or

the question of whether the organisation is a terrorist organisation; or

if the person is at least 18 years of age and the member has information about the person’s age—that information; and

if the person is under 18 years of age—information about the person’s age; and

as a paramount consideration in all cases—the objects of this Division (see section 104.1); and

as a primary consideration in the case where the person is 14 to 17 years of age—the best interests of the person; and

as an additional consideration in all cases—the impact of the obligation, prohibition or restriction on the person’s circumstances (including the person’s financial and personal circumstances).

the age, maturity, sex and background (including lifestyle, culture and traditions) of the person;

the physical and mental health of the person;

the benefit to the person of having a meaningful relationship with his or her family and friends;

the right of the person to receive an education;

the right of the person to practise his or her religion;

any other matter the court considers relevant.

that the person has a right to obtain legal advice and legal representation;

an interim control order is made in relation to a person; and

an election is made under section 104.12A to confirm the order; and

the issuing court is satisfied on the balance of probabilities that section 104.12 and subsection 104.12A(2) have been complied with in relation to the order.

the person in relation to whom the order is made;

a representative of the person;

if the person is a resident of Queensland, or the court made the order in Queensland—the Queensland public interest monitor.

serve the revocation or variation personally on the person; and

if the person is 14 to 17 years of age—take reasonable steps to serve a copy of the revocation or variation personally on at least one parent or guardian of the person.

if the person is at least 18 years of age and the Commissioner has information about the person’s age—that information; and

if the person is under 18 years of age—information about the person’s age.

cause the documents mentioned in subsection (3AA) to be served personally on the person in relation to whom the order is made; and

if the person is a resident of Queensland, or the court will hear the application in Queensland—cause the documents mentioned in subsection (3AA) to be given to the Queensland public interest monitor; and

if the person is 14 to 17 years of age—cause reasonable steps to be taken to serve the documents mentioned in subsection (3AA) personally on at least one parent or guardian of the person.

written notice of the application and the grounds on which the variation is sought;

a copy of the documents mentioned in paragraph (2)(b);

any other written details required to enable the person in relation to whom the order is made to understand and respond to the substance of the facts, matters and circumstances which will form the basis of the variation of the order.

as a paramount consideration in all cases—the objects of this Division (see section 104.1); and

as a primary consideration in the case where the person is 14 to 17 years of age—the best interests of the person; and

as an additional consideration in all cases—the impact of the obligation, prohibition or restriction on the person’s circumstances (including the person’s financial and personal circumstances).

the person to whom the control order relates, or the person in relation to whom the control order is requested, is at least 14 but under 18; and

the person does not have a lawyer acting in relation to the proceedings;

the proceedings are ex parte proceedings relating to a request for an interim control order; or

the person refused a lawyer previously appointed under subsection (4) during proceedings relating to:

the control order; or

if the control order is a confirmed control order—the interim control order that was confirmed.

for control orders relating to people who are 14 to 17 years of age—the matters referred to in paragraphs (a) to (i) in so far as those matters specifically relate to those control orders.

take steps specified in the order (if any) and reasonable steps to ensure that the tracking device and any equipment necessary for the operation of the tracking device are or remain in good working order;

report to persons specified in the order (if any), at the times and places specified in the order (if any), for the purposes of having the tracking device inspected;

if the person becomes aware that the tracking device or any equipment necessary for the operation of the tracking device is not in good working order—notify an AFP member as soon as practicable, but no later than 4 hours, after becoming so aware.

to take steps specified in the order to ensure that the tracking device and any equipment necessary for the operation of the tracking device are or remain in good working order; and

to enter one or more premises specified in the order for the purposes of installing any equipment necessary for the operation of the tracking device.

prevent a terrorist act that is capable of being carried out, and could occur, within the next 14 days from occurring; or

for paragraphs (4)(a) and (c)—the AFP member suspects, on reasonable grounds; or

for paragraphs (4)(b) and (c)—the issuing authority is satisfied there are reasonable grounds to suspect;

the person is the occupier of the premises and consents to the entry; or

the entry is made under a monitoring warrant.

the person consents to the search; or

the search is conducted under a monitoring warrant.

the protection of the public from a terrorist act;

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

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

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

in relation to premises—has the meaning given by sections 3ZZKB, 3ZZKC and 3ZZKD; or

in relation to a person—has the meaning given by section 3ZZLB.

a structure, building or conveyance;

a place (whether or not enclosed or built on);

a part of a thing referred to in paragraph (a) or (b).

the person:

is the legal or beneficial owner of the premises (whether alone or together with one or more other persons); or

has any other legal or equitable estate or interest in the premises; or

the person occupies, or resides on, the premises; or

the person has possession or control of the premises (whether alone or together with one or more other persons); or

the person performs any of the duties of his or her employment on the premises; or

the person carries on a business on the premises (whether alone or together with one or more other persons); or

the person performs voluntary work on the premises; or

both:

the premises are used by a school, college, university or other educational institution; and

the person attends the premises in his or her capacity as a student at the school, college, university or other educational institution.

the answer to the question or the information would be privileged from being given on the ground of legal professional privilege; or

the document would be privileged from being produced on the ground of legal professional privilege.

the search of premises; or

the searching of persons or conveyances; or

the seizure of things; or

the requesting of information or documents from persons.

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

the person has a prescribed connection with particular premises;

the protection of the public from a terrorist act;

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

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

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

the person:

is the occupier of the premises; and

has consented to the entry; or

the entry is made under a monitoring warrant.

the power to search the premises and any thing on the premises;

the power to search for and record fingerprints found at the premises;

the power to take samples of things found at the premises;

the power to examine or observe any activity conducted on the premises;

the power to inspect, examine, take measurements of or conduct tests on any thing on the premises;

the power to make any still or moving image or any recording of the premises or any thing on the premises;

the power to inspect any document on the premises;

the power to take extracts from, or make copies of, any such document;

the power to take onto the premises such equipment and materials as the constable requires for the purpose of exercising powers in relation to the premises;

the powers set out in subsections 3ZZKC(1) and (4) and 3ZZKD(2).

operate electronic equipment on the premises; and

use a disk, tape or other storage device that:

is on the premises; and

can be used with the equipment or is associated with it.

the protection of the public from a terrorist act; or

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

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

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

the power to operate electronic equipment on the premises to put the relevant data in documentary form and remove the documents so produced from the premises;

the power to operate electronic equipment on the premises to transfer the relevant data to a disk, tape or other storage device that:

is brought to the premises for the exercise of the power; or

is on the premises and the use of which for that purpose has been agreed in writing by the occupier of the premises;

there is relevant data on the premises; and

the relevant data may be accessible by operating the equipment; and

expert assistance is required to operate the equipment; and

the relevant data may be destroyed, altered or otherwise interfered with, if the constable does not take action under this subsection.

the constable’s intention to secure the equipment; and

the fact that the equipment may be secured for up to 24 hours.

the 24-hour period ends;

the equipment has been operated by the expert.

the protection of the public from a terrorist act; or

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

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

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

the entry is authorised by a monitoring warrant; and

the warrant authorises the constable to exercise powers under this subsection;

the protection of the public from a terrorist act; or

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

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

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

the person does not possess the information or document required; and

the person has taken all reasonable steps available to the person to obtain the information or document required and has been unable to obtain it.

the person is subject to a requirement under subsection (3); and

the person engages in conduct; and

the person’s conduct breaches the requirement.

a constable enters premises under section 3ZZKA; and

the entry is authorised by a monitoring warrant.

the power to seize things found during the exercise of monitoring powers on the premises that the constable suspects on reasonable grounds to be:

evidential material; or

(ii) evidential material (within the meaning of the Proceeds of Crime Act 2002); or

tainted property (within the meaning of that Act); or

seizable items;

the power to conduct an ordinary search or a frisk search of a person at or near the premises if the constable suspects on reasonable grounds that the person has any evidential material or seizable items in his or her possession;

the power to seize other things found while conducting an ordinary search or a frisk search of a person at or near the premises that the constable suspects on reasonable grounds to be:

evidential material; or

(ii) evidential material (within the meaning of the Proceeds of Crime Act 2003); or

tainted property (within the meaning of that Act); or

seizable items.

a constable enters premises under section 3ZZKA; and

the entry is authorised by a monitoring warrant.

executing the warrant; or

exercising the powers set out in section 3ZZKF in relation to the premises;

enter the premises; and

exercise the monitoring powers in relation to the premises; and

in:

entering the premises; or

exercising the monitoring powers;

the person may only exercise the monitoring powers set out in subsection 3ZZKD(2) if the constable forms the suspicion mentioned in that subsection; and

the person must not exercise a power set out in subsection 3ZZKD(5) or section 3ZZKE or 3ZZKF.

the protection of the public from a terrorist act;

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

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

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

the person has consented to the search; or

the search is conducted under a monitoring warrant.

the power to search things found in the possession of the person;

the power to search any recently used conveyance;

the power to record fingerprints from things found in the course of:

a search under section 3ZZLA; or

a search under paragraph (a) or (b) of this section;

the power to take samples from things found in the course of:

a search under section 3ZZLA; or

a search under paragraph (a) or (b) of this section.

a constable conducts a search of a person, or of a recently used conveyance, under section 3ZZLA; and

the search is authorised by a monitoring warrant.

the power to seize things found in the course of the search that the constable suspects on reasonable grounds to be:

evidential material; or

seizable items;

the power to seize other things found on or in the possession of the person, or in the recently used conveyance, in the course of the search that the constable suspects on reasonable grounds to be:

(i) evidential material (within the meaning of the Proceeds of Crime Act 2002); or

tainted property (within the meaning of that Act).

a constable conducts a search of a person, or of a recently used conveyance, under section 3ZZLA; and

the search is authorised by a monitoring warrant.

executing the warrant; or

exercising the powers set out in section 3ZZLC in relation to the person or conveyance;

exercise the monitoring powers in relation to the person mentioned in paragraph (1)(a); and

in exercising the monitoring powers, use such force against things as is necessary and reasonable in the circumstances.

a constable enters premises because of the consent of the occupier of the premises; and

the constable has not shown the occupier his or her identity card before entering the premises;

announce that he or she is authorised to enter the premises; and

show his or her identity card to the occupier of the premises, or to another person who apparently represents the occupier, if the occupier or other person is present at the premises; and

give any person at the premises an opportunity to allow entry to the premises.

a monitoring warrant is being executed by a constable in relation to premises; and

the occupier of the premises, or another person who apparently represents the occupier, is present at the premises;

as a result of electronic equipment being operated as mentioned in this Part:

damage is caused to the equipment; or

the data recorded on the equipment is damaged; or

programs associated with the use of the equipment, or with the use of the data, are damaged or corrupted; and

the damage or corruption occurs because:

insufficient care was exercised in selecting the person who was to operate the equipment; or

insufficient care was exercised by the person operating the equipment.

the Federal Court of Australia or the Federal Circuit Court of Australia; or

a court of a State or Territory that has jurisdiction in relation to the matter;

a monitoring warrant in relation to premises is being executed; and

the occupier of the premises, or another person who apparently represents the occupier, is present at the premises;

a monitoring warrant in relation to premises is being executed; and

the warrant was issued on the basis that a control order is in force in relation to a person; and

the person is present at the premises;

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

the person has a prescribed connection with the premises; and

having regard to:

the nature of the person’s prescribed connection with the premises; and

one or more of the matters set out in paragraphs (4)(a) to (f), and the matter set out in paragraph (4)(g); and

such other matters (if any) as the issuing officer considers relevant;

the protection of the public from a terrorist act; or

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

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

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

the possibility that the person has engaged, is engaging, or will engage, in a terrorist act;

the possibility that the person has provided, is providing, or will provide, support for a terrorist act;

the possibility that the person has facilitated, is facilitating, or will facilitate, a terrorist act;

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

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

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

whether allowing one or more constables to have access to the premises, and exercise the monitoring powers in relation to the premises and the powers set out in section 3ZZKF in relation to the premises, would be likely to have the least interference with any person’s liberty and privacy that is necessary in the circumstances.

describe the premises to which the warrant relates; and

state that the warrant is issued under this section; and

state the purpose or purposes for which the warrant is issued; and

authorise one or more constables (whether or not named in the warrant) from time to time while the warrant remains in force:

to enter the premises; and

to exercise the monitoring powers in relation to the premises; and

to exercise the powers set out in section 3ZZKF in relation to the premises; and

state whether entry is authorised to be made at any time of the day or during specified hours of the day; and

specify the time at which the warrant expires (see subsection (7)); and

state whether the warrant authorises a constable to exercise powers under subsection 3ZZKE(3) in relation to the entry; and

state that a person who is not a constable may be authorised under section 3ZZKG to assist in executing the warrant; and

state the name of the person to whom the relevant control order relates; and

describe the nature of the person’s prescribed connection with the premises; and

state that the control order is in force; and

state whether the control order is an interim control order or a confirmed control order; and

specify the date the control order was made; and

specify the court that made the control order; and

if the control order is an interim control order—specify the date the order was served on the person; and

if the control order is a confirmed control order—specify the end of the period during which the order is in force; and

if the warrant is issued for the purposes of determining whether the control order has been, or is being, complied with—specify the obligations, prohibitions and restrictions that are imposed by the order.

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

having regard to:

one or more of the matters set out in paragraphs (4)(a) to (f), and the matter set out in paragraph (4)(g); and

such other matters (if any) as the issuing officer considers relevant;

the protection of the public from a terrorist act; or

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

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

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

the possibility that the person has engaged, is engaging, or will engage, in a terrorist act;

the possibility that the person has provided, is providing, or will provide, support for a terrorist act;

the possibility that the person has facilitated, is facilitating, or will facilitate, a terrorist act;

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

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

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

whether allowing one or more constables to conduct an ordinary search or a frisk search of the person, and exercise the monitoring powers in relation to the person and the powers set out in section 3ZZLC in relation to the person or a recently used conveyance, would be likely to have the least interference with any person’s liberty and privacy that is necessary in the circumstances.

state the name of the person; and

state that the warrant is issued under this section; and

state the purpose or purposes for which the warrant is issued; and

authorise a constable (whether or not named in the warrant) from time to time while the warrant remains in force:

to conduct an ordinary search or a frisk search of the person; and

to exercise the monitoring powers in relation to the person; and

to exercise the powers set out in section 3ZZLC in relation to the person or a recently used conveyance; and

state whether the search is authorised to be carried out at any time of the day or during specified hours of the day; and

specify the time at which the warrant expires (see subsection (7)); and

state that a person who is not a constable may be authorised under section 3ZZLD to assist in executing the warrant; and

state the name of the person to whom the relevant control order relates; and

state that the control order is in force; and

state whether the control order is an interim control order or a confirmed control order; and

specify the date the control order was made; and

specify the court that made the control order; and

if the control order is an interim control order—specify the date on which the order was served on the person; and

if the control order is a confirmed control order—specify the end of the period during which the order is in force; and

if the warrant is issued for the purposes of determining whether the control order has been, or is being, complied with—specify the obligations, prohibitions and restrictions that are imposed by the order.

a monitoring warrant was issued on the basis that a control order was in force in relation to a person; and

any of the following happens:

the control order is revoked;

a court declares the control order to be void;

a court varies the control order by removing one or more obligations, prohibitions or restrictions imposed on the person by the control order;

execute the warrant; or

exercise a power under Division 2 or 3, if the exercise of the power is consequential on the warrant.

in an urgent case; or

if the delay that would occur if an application were made in person would frustrate the effective execution of the warrant.

may require communication by voice to the extent that it is practicable in the circumstances; and

may make a recording of the whole or any part of any such communication by voice.

a monitoring warrant in the terms of the application should be issued urgently; or

the delay that would occur if an application were made in person would frustrate the effective execution of the warrant;

it is material, in any proceedings, for a court to be satisfied that the exercise of a power under a monitoring warrant issued under this section was duly authorised; and

the form of warrant signed by the issuing officer is not produced in evidence;

the person states in a document that purports to be a form of warrant under section 3ZZPA the name of an issuing officer unless that officer issued the warrant; or

the person states on a form of warrant under that section a matter that, to the person’s knowledge, departs in a material particular from the form authorised by the issuing officer; or

the person purports to execute, or present to a person, a document that purports to be a form of warrant under that section that the person knows:

has not been approved by an issuing officer under that section; or

to depart in a material particular from the terms authorised by an issuing officer under that section; or

the person gives to an issuing officer a form of warrant under that section that is not the form of warrant that the person purported to execute.

describe the thing to which the order relates; and

state the period for which the extension is granted; and

state that the order is made under this section; and

state that the constable is authorised to secure the thing for that period.

the protection of the public from a terrorist act;

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

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

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

the protection of the public from a terrorist act;

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

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

determining whether the relevant control order has been, or is being, complied with;

preventing, investigating or prosecuting an offence.

in a personal capacity; and

not as a court or a member of a court.

as the court of which the issuing officer is a member; or

as a member of the court of which the issuing officer is a member.

a monitoring warrant was issued on the basis that an interim control order was in force; and

a court subsequently declares the interim control order to be void;

in the purported execution of the warrant; or

in the purported exercise of a power, or the purported performance of a function or duty, in a case where the purported exercise of the power, or the purported performance of the function or duty, is consequential on the warrant.

a monitoring warrant was issued on the basis that an interim control order was in force; and

a court subsequently declares the interim control order to be void; and

before the declaration was made, a thing was seized, information was obtained, or a document was produced, as a result of:

the purported execution of the warrant; or

the purported exercise of a power, or the purported performance of a function or duty, in a case where the purported exercise of the power, or the purported performance of the function or duty, is consequential on the warrant.

adduce the thing, information or document as evidence in a proceeding; or

use or communicate the information; or

use, or communicate the contents of, the document;

the person reasonably believes that doing so is necessary to assist in preventing, or reducing the risk of:

the commission of a terrorist act; or

serious harm to a person; or

serious damage to property; or

the person does so for one or more purposes set out in subsection (3).

(a) the performance of a function or duty, or the exercise of a power, by a person, court, tribunal or other body under, or in relation to a matter arising under, Criminal Code, so far as the function, duty or power relates to a preventative detention order (within the meaning of Part 5.3 of the Criminal Code); orDivision 105 of the

(b) the performance of a function or duty, or the exercise of a power, by a person, court, tribunal or other body under, or in relation to a matter arising under, Terrorism (Police Powers) Act 2002 (NSW), so far as the function, duty or power relates to a preventative detention order (within the meaning of that Part); orPart 2A of the

(c) the performance of a function or duty, or the exercise of a power, by a person, court, tribunal or other body under, or in relation to a matter arising under, Terrorism (Community Protection) Act 2003 (Vic.), so far as the function, duty or power relates to a preventative detention order (within the meaning of that Part); orPart 2A of the

(d) the performance of a function or duty, or the exercise of a power, by a person, court, tribunal or other body under, or in relation to a matter arising under, the Terrorism (Preventative Detention) Act 2005 (Qld), so far as the function, duty or power relates to a preventative detention order (within the meaning of that Act); or

(e) the performance of a function or duty, or the exercise of a power, by a person, court, tribunal or other body under, or in relation to a matter arising under, the Terrorism (Preventative Detention) Act 2006 (WA), so far as the function, duty or power relates to a preventative detention order (within the meaning of that Act); or

(f) the performance of a function or duty, or the exercise of a power, by a person, court, tribunal or other body under, or in relation to a matter arising under, the Terrorism (Preventative Detention) Act 2005 (SA), so far as the function, duty or power relates to a preventative detention order (within the meaning of that Act); or

(g) the performance of a function or duty, or the exercise of a power, by a person, court, tribunal or other body under, or in relation to a matter arising under, the Terrorism (Preventative Detention) Act 2005 (Tas.), so far as the function, duty or power relates to a preventative detention order (within the meaning of that Act); or

(h) the performance of a function or duty, or the exercise of a power, by a person, court, tribunal or other body under, or in relation to a matter arising under, Part 2 of the Terrorism (Extraordinary Temporary Powers) Act 2006 (ACT), so far as the function, duty or power relates to a preventative detention order (within the meaning of that Part); or

(i) the performance of a function or duty, or the exercise of a power, by a person, court, tribunal or other body under, or in relation to a matter arising under, Terrorism (Emergency Powers) Act (NT), so far as the function, duty or power relates to a preventative detention order (within the meaning of that Part).Part 2B of the

each monitoring warrant issued to the Australian Federal Police; and

each instrument revoking a monitoring warrant; and

each order under section 3ZZQA granting an extension of a period.

notify the Ombudsman that the warrant has been issued; and

give to the Ombudsman a copy of the warrant.

this Part; or

monitoring warrants.

may, after notifying the Commissioner, enter at any reasonable time premises occupied by the Australian Federal Police; and

is entitled to have full and free access at all reasonable times to all records of the Australian Federal Police that are relevant to the inspection; and

may require a staff member of the Australian Federal Police to give the Ombudsman any information that the Ombudsman considers necessary, being information that is in the staff member’s possession, or to which the staff member has access, and that is relevant to the inspection.

by writing signed by the staff member; and

at a specified place and within a specified period.

before a specified inspecting officer; and

at a specified place; and

within a specified period or at a specified time on a specified day;

has reasonable grounds to believe that a staff member of the Australian Federal Police is able to give information relevant to an inspection under this Division; and

does not know the staff member’s identity;

before a specified inspecting officer; and

at a specified place; and

within a specified period or at a specified time on a specified day;

the person is required under section 3ZZUC to attend before another person, to give information or to answer questions; and

the person refuses or fails to do so.

would contravene a law; or

would be contrary to the public interest; or

might tend to incriminate the person or make the person liable to a penalty; or

would disclose one of the following:

(i) a legal advice given to a Minister or a Department, or a prescribed authority (within the meaning of the Ombudsman Act 1976);

(ii) a communication between an officer of a Department or of a prescribed authority (within the meaning of the Ombudsman Act 1976) and another person or body, being a communication protected against disclosure by legal professional privilege.

the information, the answer, or the fact that the person has given access to the document, as the case may be; and

any information or thing (including a document) obtained as a direct or indirect consequence of giving the information, answering the question or giving access to the document;

giving information to the Ombudsman or an inspecting officer (whether orally or in writing and whether or not in answer to a question); or

giving access to a record of the Australian Federal Police to the Ombudsman or an inspecting officer;

relates to a State or Territory agency; and

was obtained by the Ombudsman under this Division;

this Part; or

monitoring warrants;

endanger a person’s safety; or

prejudice an investigation, or prosecution, of an offence; or

compromise the operational activities or methodologies of:

the Australian Federal Police; or

any other Commonwealth, State, Territory or foreign law enforcement, intelligence or security agency.

the number of such warrants executed under that Division;

(i) the report prepared by the Ombudsman under subsection 3ZZUH(1) of the Crimes Act 1914.

under subsection 46(4) or 46A(2A); or

under section 48 in the circumstances mentioned in subsection 46(4).

a Commonwealth agency; or

an eligible authority of a State that a declaration in force under section 34 authorises to apply for control order warrants (see section 38A).

a preventative detention order law; or

(vi) the performance of a function or duty, or the exercise of a power, by a person, court or other body under, or in relation to a matter arising under, Criminal Code (Control orders); orDivision 104 of the

a preventative detention order law; or

(a) Criminal Code; orDivision 105 of the

(b) Terrorism (Police Powers) Act 2002 (NSW); orPart 2A of the

(c) Terrorism (Community Protection) Act 2003 (Vic.); orPart 2A of the

(d) the Terrorism (Preventative Detention) Act 2005 (Qld); or

(e) the Terrorism (Preventative Detention) Act 2006 (WA); or

(f) the Terrorism (Preventative Detention) Act 2005 (SA); or

(g) the Terrorism (Preventative Detention) Act 2005 (Tas.); or

(h) Part 2 of the Terrorism (Extraordinary Temporary Powers) Act 2006 (ACT); or

(i) Terrorism (Emergency Powers) Act (NT).Part 2B of the

a proceeding under, or a proceeding relating to a matter arising under, a preventative detention order law, so far as the proceeding relates to a preventative detention order (within the meaning of that law); or

a control order has been made in relation to a person; and

apart from this section, the control order has not come into force because it has not been served on the person;

the purposes of an investigation relating to the commission of one or more serious offences; or

purposes relating to a control order.

the Premier of the State requests that the eligible authority be so authorised; and

the Minister is satisfied as mentioned in subsection (4) of this section.

the declaration does not already so authorise the eligible authority; and

the Premier of the State requests that the eligible authority be so authorised; and

the Minister is satisfied as mentioned in subsection (4).

imposing on the chief officer of the eligible authority requirements corresponding to the requirements that paragraphs 80(f) and (g) and 81(1)(h) and subsection 81(2), so far as that subsection relates to paragraph 81(1)(h), impose on the chief officer of a Commonwealth agency; and

imposing on the chief officer of the eligible authority requirements corresponding to the requirements that section 59B imposes on the chief officer of a Commonwealth agency; and

giving an authority of the State powers corresponding to those that subsections 83(3) and 84(2) and sections 85 and 85A give to the Ombudsman, if the authority of the State receives a notice from the eligible authority because of the requirements mentioned in paragraph (b) of this subsection; and

requiring an authority of the State that has made an inspection of the eligible authority’s records under the powers mentioned in paragraph (c) to report in writing to the responsible Minister about the results of the inspection; and

requiring the responsible Minister to give to the Minister, as soon as practicable, a copy of a report that an authority of the State gives to the responsible Minister under a power or requirement mentioned in paragraph (c) or (d).

the law of the State no longer makes satisfactory provision in relation to the eligible authority as mentioned in subsection (4); or

the extent of compliance with a requirement of a law of that State, being a requirement of a kind mentioned in subsection (4), has been unsatisfactory in so far as the requirement relates to the eligible authority; or

the extent of compliance by the chief officer of the eligible authority, or by officers of the eligible authority, with this Act has been unsatisfactory, so far as this Act relates to control order warrants.

Division 3 has been complied with in relation to the application; and

in the case of a telephone application—because of urgent circumstances, it was necessary to make the application by telephone; and

there are reasonable grounds for suspecting that a particular person is using, or is likely to use, the service; and

either:

a control order is in force in relation to the particular person; or

a control order is in force in relation to another person, and the particular person is likely to communicate with the other person using the service; and

information that would be likely to be obtained by intercepting under a warrant communications made to or from the service would be likely to substantially assist in connection with:

the protection of the public from a terrorist act; or

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

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

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

having regard to the matters referred to in subsection (5), and to no other matters, the Judge or nominated AAT member should issue a warrant authorising such communications to be intercepted;

how much the privacy of any person or persons would be likely to be interfered with by intercepting under a warrant communications made to or from the service referred to in subsection (4); and

how much the information referred to in paragraph (4)(e) would be likely to assist in connection with:

the protection of the public from a terrorist act; or

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

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

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

to what extent methods for:

the protection of the public from a terrorist act; or

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

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

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

how much the use of such methods would be likely to assist in connection with:

the protection of the public from a terrorist act; or

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

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

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

how much the use of such methods would be likely to prejudice:

the protection of the public from a terrorist act; or

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

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

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

whether intercepting under a warrant communications made to or from the service referred to in subsection (4) would be the method that is likely to have the least interference with any person’s privacy; and

the possibility that the person in relation to whom the control order is in force:

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

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

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

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

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

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

will contravene a succeeding control order; and

in relation to an application by an interception agency of Victoria—any submissions made by the Victorian PIM under section 44A to the Judge or nominated AAT member; and

in relation to an application by an interception agency of Queensland—any submissions made by the Queensland PIM under section 45 to the Judge or nominated AAT member.

the agency has exhausted all other practicable methods of identifying the telecommunications services used, or likely to be used, by the person to whom the control order referred to in subparagraph (4)(d)(ii) relates; or

interception of communications made to or from a telecommunications service used or likely to be used by that person would not otherwise be possible.

Division 3 has been complied with in relation to the application; and

in the case of a telephone application—because of urgent circumstances, it was necessary to make the application by telephone; and

there are reasonable grounds for suspecting that a particular person is using, or is likely to use, more than one telecommunications service; and

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

information that would be likely to be obtained by intercepting under a warrant:

communications made to or from any telecommunications service that the person is using, or is likely to use; or

communications made by means of a particular telecommunications device or particular telecommunications devices that the person is using, or is likely to use;

the protection of the public from a terrorist act; or

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

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

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

having regard to the matters referred to in subsection (2B), and to no other matters, the Judge or nominated AAT member should issue a warrant authorising such communications to be intercepted;

how much the privacy of any person or persons would be likely to be interfered with by intercepting under a warrant:

communications made to or from any telecommunications service used, or likely to be used, by the person in respect of whom the warrant is sought; or

communications made by means of a particular telecommunications device or particular telecommunications devices used, or likely to be used, by the person in respect of whom the warrant is sought;

how much the information referred to in paragraph (2A)(e) would be likely to assist in connection with:

the protection of the public from a terrorist act; or

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

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

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

to what extent methods (including the use of a warrant issued under section 46) for:

the protection of the public from a terrorist act; or

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

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

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

how much the use of such methods would be likely to assist in connection with:

the protection of the public from a terrorist act; or

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

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

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

how much the use of such methods would be likely to prejudice:

the protection of the public from a terrorist act; or

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

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

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

whether intercepting under a warrant communications referred to in paragraph (a) of this subsection would be the method that is likely to have the least interference with any person’s privacy; and

the possibility that the person in relation to whom the control order is in force:

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

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

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

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

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

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

will contravene a succeeding control order; and

in relation to an application by an interception agency of Victoria—any submissions made by the Victorian PIM under section 44A to the Judge or nominated AAT member; and

in relation to an application by an interception agency of Queensland—any submissions made by the Queensland PIM under section 45 to the Judge or nominated AAT member.

state that the warrant is issued on the basis of a control order made in relation to a person; and

specify the name of the person; and

specify the date the control order was made; and

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

notify the Ombudsman that the warrant has been issued; and

give to the Ombudsman a copy of the warrant.

a condition or restriction specified in a control order warrant under subsection 49(2);

paragraph 57(1)(b), to the extent it applies to a control order warrant;

subsection 63(1), to the extent it applies to lawfully intercepted information obtained under a control order warrant;

subsection 63(2), to the extent it applies to interception warrant information that relates to a control order warrant;

section 79, to the extent it applies to a restricted record obtained under a control order warrant;

section 79AA;

subsection 103B(4).

lawfully intercepted information other than foreign intelligence information; or

interception warrant information.

the investigation by the agency of a serious offence; or

any of the following:

the protection of the public from a terrorist act;

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

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

determining whether a control order has been, or is being, complied with;

(v) the performance of a function or duty, or the exercise of a power, by a person, court or other body under, or in relation to a matter arising under, Criminal Code (Control orders);Division 104 of the

a preventative detention order law.

if the warrant under which the information was obtained relates to an investigation—the investigation; or

if the information was obtained under a control order warrant—any of the following:

the protection of the public from a terrorist act;

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

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

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

(v) the performance of a function or duty, or the exercise of a power, by a person, court or other body under, or in relation to a matter arising under, Criminal Code;Division 104 of the

a preventative detention order law.

a restricted record is in the possession of an agency; and

the restricted record relates to an interception authorised by a control order warrant; and

the warrant was issued for the purpose, or for purposes that include the purpose, of obtaining information that would be likely to assist in connection with determining whether the relevant control order, or any succeeding control order, has been, or is being, complied with; and

the interception occurred when the control order had been made, but had not come into force because it had not been served on the person to whom it relates; and

the chief officer of the agency is satisfied that none of the information obtained by the interception is likely to assist in connection with:

the protection of the public from a terrorist act; or

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

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

each notice the chief officer receives from the Minister under paragraph 103B(3)(a) or (5)(a).

the chief officer of the agency notifies the Ombudsman under that subsection of a contravention of any of those conditions, restrictions or provisions; and

the contravention occurred in that period.

must include the matters mentioned in subsection 84(1A) in relation to the inspection; and

may include other information about contraventions of this Act (see section 85).

included in a report submitted to the Minister:

under section 84 by the Ombudsman in relation to a Commonwealth agency; or

under section 94 by the chief officer of a Commonwealth agency; or

under section 96 by the chief officer of an eligible authority of a State; and

that the Minister would, apart from this section, be required to include in the next Ministerial report.

notify the chief officer in writing; and

not include the information in any Ministerial report until the Minister decides otherwise under subsection (5).

reconsider whether the information is control order information; and

if the chief officer is satisfied that the information is not control order information—advise the Minister in writing to include the information in the next Ministerial report.

notify the chief officer in writing; and

include the information in the next Ministerial report.

a control order warrant is likely to be, or is not likely to be, in force in relation to a telecommunications service used, or likely to be used, by a particular person; or

a control order warrant is likely to be, or is not likely to be, in force in relation to a particular person.

the Australian Federal Police; or

the Police Force of a State or Territory;

(a) the performance of a function or duty, or the exercise of a power, by a person, court or other body under, or in relation to a matter arising under, Criminal Code (Control orders); orDivision 104 of the

a preventative detention order law.

a warrant was issued on the basis that an interim control order was in force; and

a court subsequently declares the interim control order to be void;

in the purported execution of the warrant; or

in the purported exercise of a power, or the purported performance of a function or duty, in a case where the purported exercise of the power, or the purported performance of the function or duty, is consequential on the warrant.

a warrant was issued on the basis that an interim control order was in force; and

a court subsequently declares the interim control order to be void; and

before the declaration was made, information was obtained as a result of:

the purported execution of the warrant; or

the purported exercise of a power, or the purported performance of a function or duty, in a case where the purported exercise of the power, or the purported performance of the function or duty, is consequential on the warrant.

communicate the information to another person; or

make use of the information; or

make a record of the information; or

give the information in evidence in a proceeding;

the person reasonably believes that doing so is necessary to assist in preventing, or reducing the risk, of:

the commission of a terrorist act; or

serious harm to a person; or

serious damage to property; or

the person does so for one or more purposes connected with a preventative detention order law.

before the commencement of this item, an officer or staff member of an agency communicated to another person, made use of, or made a record of, information; and

(b) apart from this item, the officer or staff member would have contravened Telecommunications (Interception and Access) Act 1979 by communicating, using or recording that information; andsection 63 of the

(c) the officer or staff member would not have contravened that section if subparagraph (c)(vii) of the definition of permitted purpose in subsection 5(1) of that Act, as amended by this Schedule, had been in force;

before the commencement of this item, a person gave information in evidence in a proceeding; and

(b) apart from this item, the person would have contravened Telecommunications (Interception and Access) Act 1979 by giving the information in evidence; andsection 63 of the

section 74 of that Act (about exempt proceedings) would have permitted the person to give the information in evidence in the proceeding if paragraph 5B(1)(bc) of that Act, as amended by this Schedule, had been in force; and

the relevant court, tribunal, person or body admitted the information in evidence in the proceeding;

to establish procedures for law enforcement officers to obtain warrants for the installation and use of surveillance devices in cases where a control order is in force, and the use of a surveillance device would be likely to substantially assist in:

protecting the public from a terrorist act; or

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

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

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

to establish procedures for law enforcement officers to obtain tracking device authorisations for the use of tracking devices in cases where a control order is in force in relation to a person, and the use of a tracking device is to obtain information relating to the person for any of the following purposes:

protecting the public from a terrorist act;

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

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

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

protecting the public from a terrorist act; or

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

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

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

protecting the public from a terrorist act;

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

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

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

(a) Criminal Code; orDivision 105 of the

(b) Terrorism (Police Powers) Act 2002 (NSW); orPart 2A of the

(c) Terrorism (Community Protection) Act 2003 (Vic.); orPart 2A of the

(d) the Terrorism (Preventative Detention) Act 2005 (Qld); or

(e) the Terrorism (Preventative Detention) Act 2006 (WA); or

(f) the Terrorism (Preventative Detention) Act 2005 (SA); or

(g) the Terrorism (Preventative Detention) Act 2005 (Tas.); or

(h) Part 2 of the Terrorism (Extraordinary Temporary Powers) Act 2006 (ACT); or

(i) Terrorism (Emergency Powers) Act (NT).Part 2B of the

a proceeding under, or a proceeding relating to a matter arising under, a preventative detention order law, so far as the proceeding relates to a preventative detention order (within the meaning of that preventative detention order law).

a control order has been made in relation to a person; and

apart from this section, the control order has not come into force because it has not been served on the person;

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

the law enforcement officer suspects on reasonable grounds that the use of a surveillance device to obtain information relating to the person would be likely to substantially assist in:

protecting the public from a terrorist act; or

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

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

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

in the case of a control order warrant—that a control order is in force in relation to a person, and that the use of a surveillance device to obtain information relating to the person would be likely to substantially assist in:

protecting the public from a terrorist act; or

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

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

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

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

protecting the public from a terrorist act; or

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

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

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

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

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

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

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

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

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

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

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

will contravene a succeeding control order; and

the name of the person;

the date the control order was made;

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

the surveillance device warrant is a control order warrant issued on the basis of a control order that was in force in relation to a person; and

the chief officer of the law enforcement agency to which the law enforcement officer belongs or is seconded is satisfied that the use of a surveillance device under the warrant to obtain information relating to the person is no longer required for any of the following purposes:

protecting the public from a terrorist act;

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

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

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

the surveillance device warrant is a control order warrant issued on the basis of a control order that was in force in relation to a person; and

no control order is in force in relation to the person;

protecting the public from a terrorist act;

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

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

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

entry onto premises without permission; or

interference without permission with any vehicle or thing.

protecting the public from a terrorist act;

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

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

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

the State or Territory law enforcement officer is the speaker of the words or is a person, or is included in a class or group of persons, by whom the speaker of the words intends, or should reasonably expect, the words to be heard; or

the State or Territory law enforcement officer listens to or records the words with the consent, express or implied, of a person who is permitted to listen to or record the words:

by paragraph (e); or

so far as subsection (6) applies in relation to the control order—by that subsection.

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

a person (other than a State or Territory law enforcement officer) is assisting a State or Territory law enforcement officer who is acting in the course of his or her duties in relation to any of the following purposes:

protecting the public from a terrorist act;

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

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

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

the use involves listening to, or recording, words spoken by a person; and

the person assisting is the speaker of the words or is a person, or is included in a class or group of persons, by whom the speaker of the words intends, or should reasonably expect, the words to be heard.

protecting the public from a terrorist act;

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

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

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

if the authorisation is given on the basis of a control order that is in force in relation to a person—the following details in relation to the control order:

the name of the person;

the date the control order was made;

whether the control order is an interim control order or a confirmed control order; and

obtained under a control order warrant; or

relating to an application for, the issue of, the existence of, or the expiration of, a control order warrant; or

that is likely to enable the identification of a person, object or premises specified in a control order warrant;

in the case of information:

obtained under a tracking device authorisation given on the basis of a control order; or

relating to an application for, the giving of, the existence of, or the expiration of, a tracking device authorisation given on the basis of a control order; or

that is likely to enable the identification of a person, object or premises specified in a tracking device authorisation given on the basis of a control order;

a record or report is in the possession of a law enforcement agency; and

the record or report comprises information obtained from the use of a surveillance device under:

a control order warrant; or

a tracking device authorisation;

in the case of a control order warrant—the warrant was issued for the purpose, or for purposes that include the purpose, of obtaining information that would be likely to substantially assist in connection with determining whether the control order, or any succeeding control order, has been, or is being, complied with; and

in the case of a tracking device authorisation—the authorisation was given to obtain information relating to the person for the purpose, or for purposes that include the purpose, of determining whether the control order, or any succeeding control order, has been, or is being, complied with; and

the use of the surveillance device occurred when the control order had been made, but had not come into force because it had not been served on the person; and

the chief officer of the agency is satisfied that none of the information obtained from the use of the surveillance device is likely to assist in connection with:

the protection of the public from a terrorist act; or

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

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

if the warrant is a control order warrant—give the details specified in subsection (2A); and

the benefit of the use of the device in:

protecting the public from a terrorist act; or

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

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

determining whether a control order has been, or is being, complied with; and

the general use to be made of any evidence or information obtained by the use of the device.

notify the Ombudsman that the warrant has been issued; and

give to the Ombudsman a copy of the warrant.

a condition specified in a control order warrant;

subsection 20(2), to the extent it applies to a control order warrant;

section 45 or subsection 46(1), to the extent it applies to protected information obtained from the use of a surveillance device under a control order warrant;

section 46A;

subsection 50A(4).

notify the chief officer in writing; and

exclude the information from the report before tabling it in Parliament.

because of subsection (3), the information has not been included in a report tabled in Parliament; and

(b) the chief officer submits a report (the later report) to the Minister under subsection 50(1);

reconsider whether the information is control order information; and

if the chief officer is satisfied that the information is not control order information—advise the Minister in writing to include the information in the later report before tabling it in Parliament.

notify the chief officer in writing; and

include the information in the later report before tabling it in Parliament.

the use of a surveillance device on particular premises; or

the use of a surveillance device in or on a particular object or class of object; or

the use of a surveillance device in respect of the conversations, activities or location of a particular person;

each notice the chief officer receives from the Minister under paragraph 50A(3)(a) or (5)(a).

if the warrant is a control order warrant that was issued on the basis of a control order—the date the control order was made; and

the chief officer of the agency notifies the Ombudsman under that subsection of a contravention of those conditions or provisions; and

the contravention occurred in that period.

because of subsection (4), information has not been included in a copy of a report laid before each House of the Parliament under subsection (2); and

(b) the Ombudsman makes a report (the later report) to the Minister under subsection (1);

reconsider whether the information is control order information; and

if the Minister is satisfied that the information is not control order information—include the information in the copy of the later report before causing it to be laid before each House of the Parliament under subsection (2).

a control order warrant was issued on the basis that an interim control order was in force; and

a court subsequently declares the interim control order to be void;

in the purported execution of the warrant; or

in the purported exercise of a power, or the purported performance of a function or duty, in a case where the purported exercise of the power, or the purported performance of the function or duty, is consequential on the warrant.

a tracking device authorisation was given on the basis that an interim control order was in force; and

a court subsequently declares the interim control order to be void;

in the purported execution of the authorisation; or

in the purported exercise of a power, or the purported performance of a function or duty, in a case where the purported exercise of the power, or the purported performance of the function or duty, is consequential on the authorisation.

an optical surveillance device was used under subsection 37(4) on the basis that an interim control order was in force; and

a court subsequently declares the interim control order to be void;

in the purported exercise of the power conferred by subsection 37(4); or

in the purported exercise of a power, or the purported performance of a function or duty, in a case where the purported exercise of the power, or the purported performance of the function or duty, is consequential on the purported exercise of the power conferred by subsection 37(4).

a surveillance device was used under subsection 38(3A) or (6) on the basis that an interim control order was in force; and

a court subsequently declares the interim control order to be void;

in the purported exercise of the power conferred by subsection 38(3A) or (6), as the case requires; or

in the purported exercise of a power, or the purported performance of a function or duty, in a case where the purported exercise of the power, or the purported performance of the function or duty, is consequential on the purported exercise of the power conferred by subsection 38(3A) or (6), as the case requires.

any of the following conditions is satisfied:

a control order warrant was issued on the basis that an interim control order was in force;

a tracking device authorisation was given on the basis that an interim control order was in force;

an optical surveillance device was used under subsection 37(4) on the basis that an interim control order was in force;

a surveillance device was used under subsection 38(3A) or (6) on the basis that an interim control order was in force; and

a court subsequently declares the interim control order to be void; and

if subparagraph (a)(i) applies—before the declaration was made, information was obtained as a result of:

the purported execution of the warrant; or

the purported exercise of a power, or the purported performance of a function or duty, in a case where the purported exercise of the power, or the purported performance of the function or duty, is consequential on the warrant; and

if subparagraph (a)(ii) applies—before the declaration was made, information was obtained as a result of:

the purported execution of the authorisation; or

the purported exercise of a power, or the purported performance of a function or duty, in a case where the purported exercise of the power, or the purported performance of the function or duty, is consequential on the authorisation; and

if subparagraph (a)(iii) applies—before the declaration was made, information was obtained as a result of:

the purported exercise of the power conferred by subsection 37(4); or

the purported exercise of a power, or the purported performance of a function or duty, in a case where the purported exercise of the power, or the purported performance of the function or duty, is consequential on the purported exercise of the power conferred by subsection 37(4); and

if subparagraph (a)(iv) applies—before the declaration was made, information was obtained as a result of:

the purported exercise of the power conferred by subsection 38(3A) or (6), as the case requires; or

the purported exercise of a power, or the purported performance of a function or duty, in a case where the purported exercise of the power, or the purported performance of the function or duty, is consequential on the purported exercise of the power conferred by subsection 38(3A) or (6), as the case requires.

the person reasonably believes that doing so is necessary to assist in preventing, or reducing the risk, of:

the commission of a terrorist act; or

serious harm to a person; or

serious damage to property; or

the person does so for one or more purposes set out in subsection (4).

doing so is necessary to assist in preventing, or reducing the risk, of:

the commission of a terrorist act; or

serious harm to a person; or

serious damage to property; or

it is admitted for one or more purposes set out in subsection (4).

to furnish a security assessment in respect of a person to a Commonwealth agency for transmission to a State or an authority of a State for use in considering the taking of prescribed administrative action by the State or authority in respect of the person; or

to furnish a security assessment in respect of a person to a State or an authority of a State for use in considering the taking of prescribed administrative action by the State or authority in respect of the person.

suspects, on reasonable grounds, that one or more eligible offences have been, are being, are about to be or are likely to be committed; and

suspects, on reasonable grounds, that entry and search of particular premises will substantially assist in the prevention or investigation of one or more of those offences; and

believes, on reasonable grounds, that it is necessary for the entry and search of the premises to be conducted without the knowledge of the occupier of the premises or any other person present at the premises;

the suspicions mentioned in paragraphs 3ZZBA(a) and (b); and

the belief mentioned in paragraph 3ZZBA(c).

there are reasonable grounds for the eligible officer to have:

the suspicions mentioned in paragraphs 3ZZBA(a) and (b); and

the belief mentioned in paragraph 3ZZBA(c); and

either:

it is an urgent case; or

the delay that would occur if the authorisation were in writing would frustrate the effective execution of the delayed notification search warrant.

why there are reasonable grounds for suspecting that one or more eligible offences have been, are being, are about to be or are likely to be committed (see paragraph 3ZZBA(a)); and

why there are reasonable grounds for suspecting that entry and search of the premises will substantially assist in the prevention or investigation of one or more of those offences (see paragraph 3ZZBA(b)); and

why there are reasonable grounds for believing that it is necessary for the entry and search of the premises to be conducted without the knowledge of the occupier of the premises or any other person present at the premises (see paragraph 3ZZBA(c)); and

the suspicions mentioned in paragraphs 3ZZBA(a) and (b); and

the belief mentioned in paragraph 3ZZBA(c);

that there are reasonable grounds for the eligible officer to have:

the suspicions mentioned in paragraphs 3ZZBA(a) and (b); and

the belief mentioned in paragraph 3ZZBA(c); and

an authorisation given under section 3ZZBB of that Act before the commencement of this item; and

an application made under subsection 3ZZBC(1) or 3ZZBF(2) of that Act on the basis of such an authorisation; and

the issue of a delayed notification search warrant in response to such an application;

for a hearing under subsection 38G(1) or 38H(6) relating to the disclosure of information in a civil proceeding; or

(b) if the court makes an order under subsection 38J(2), (3) or (4) that the closed hearing requirements in this section are to apply when information that is the subject of the order is disclosed to the court at a hearing in a proceeding under Criminal Code (about control orders)—when the information is disclosed to the court at that hearing.Division 104 of the

the hearing is under subsection 38G(1) or 38H(6); and

(b) the proceeding is under Criminal Code (about control orders); andDivision 104 of the

a person referred to in paragraph (2)(e) requests the court to make an order that one or more specified parties to the proceeding, and their legal representatives, are not entitled to be present during any part of the hearing in which a person referred to in paragraph (2)(e) gives information of the kind referred to in paragraph (3)(c) or (d);

decide whether to appeal against the court’s decision; and

if the Attorney-General decides to do so—make the appeal.

(a) the court has held a hearing required by subsection 38G(1) or 38H(6) about the disclosure of information in a proceeding under Criminal Code relating to a request (the control order request) to the court to make, confirm or vary a control order in relation to a person (the relevant person); andDivision 104 of the

the Attorney-General or the Attorney-General’s legal representative has requested the court to make an order under subsection (2), (3) or (4) of this section about the disclosure and consideration of the information in the proceeding; and

the court is satisfied that the relevant person has been given sufficient information about the allegations on which the control order request was based to enable effective instructions to be given in relation to those allegations.

the following persons must not, except in permitted circumstances or in accordance with this subsection, disclose the information (whether in the proceeding or otherwise):

any person to whom the certificate mentioned in subsection 38F(2) or (3) was given in accordance with that subsection;

any person to whom the contents of the certificate have been disclosed for the purposes of the hearing;

any other specified person; and

those persons may disclose in the proceeding:

a copy of the document with the information deleted; or

a copy of the document with the information deleted and a summary of the information, as set out in the order, attached to the document; or

a copy of the document with the information deleted and a statement of facts, as set out in the order, that the information would, or would be likely to, prove attached to the document;

the information may be disclosed to the court in the proceeding; and

the closed hearing requirements in section 38I are to apply when the information is disclosed to the court at a hearing in the proceeding; and

the relevant person and the relevant person’s legal representative are not entitled to be present during any part of a hearing in the proceeding in which the information is disclosed to the court; and

if the information is disclosed to the court in the proceeding and, apart from the order, the information is admissible in evidence in the proceeding—the court may consider the information in the proceeding, even if the information has not been disclosed to the relevant person or the relevant person’s legal representative.

any of the following persons must not, except in permitted circumstances or in accordance with this subsection, disclose the information (whether in the proceeding or otherwise):

any person to whom the certificate mentioned in subsection 38F(2) or (3) was given in accordance with that subsection;

any person to whom the contents of the certificate have been disclosed for the purposes of the hearing;

any other specified person; and

the information may be disclosed to the court in the proceeding; and

the closed hearing requirements in section 38I are to apply when the information is disclosed to the court at a hearing in the proceeding; and

the relevant person and the relevant person’s legal representative are not entitled to be present during any part of a hearing in the proceeding in which the information is disclosed to the court; and

if the information is disclosed to the court in the proceeding and, apart from the order, the information is admissible in evidence in the proceeding—the court may consider the information in the proceeding, even if the information has not been disclosed to the relevant person or the relevant person’s legal representative.

the relevant person and the relevant person’s legal representative must not call the witness at a hearing in the proceeding; and

the closed hearing requirements in section 38I are to apply if the witness is called at a hearing in the proceeding; and

the relevant person and the relevant person’s legal representative are not entitled to be present if the witness is called at a hearing in the proceeding.

whether, having regard to the Attorney-General’s certificate, there would be a risk of prejudice to national security if:

where the certificate was given under subsection 38F(2) or (3)—the information were disclosed in contravention of the certificate; or

where the certificate was given under subsection 38H(2)—the witness were called;

whether any such order would have a substantial adverse effect on the substantive hearing in the proceeding;

any other matter the court considers relevant.

(d) identifies the proceedings under Criminal Code to which the orders relate.Division 104 of the

allow any party’s special advocate:

to have access to the record; and

to prepare documents or records in relation to the record in a way and at a place prescribed by the regulations for the purposes of this paragraph; and

(a) the proceeding is a proceeding under Criminal Code relating to a request to the court to make, confirm or vary a control order in relation to the party; andDivision 104 of the

the court makes an order under subsection 38I(3A) or subsection 38J(2), (3) or (4) that the party and the party’s legal representative are not entitled to be present during part of a hearing in the proceeding.

the person meets any requirements specified in the regulations; and

the court has given:

the parties to the proceeding and the parties’ legal representatives; and

the Attorney-General and the Attorney-General’s legal representative;

appointing the person requested would result in the proceeding being unreasonably delayed; or

appointing the person requested would result in the person having an actual or potential conflict of interest; or

both:

the person requested has knowledge of national security information and disclosure of the information would be likely to prejudice national security; and

in the circumstances, there is a risk of inadvertent disclosure of that information.

making submissions to the court at any part of a hearing in the proceeding during which the party and the party’s legal representative are not entitled to be present; and

adducing evidence and cross-examining witnesses at such a part of a hearing in the proceeding; and

making written submissions to the court.

is between:

a special advocate of a party to a civil proceeding; and

the party or the party’s legal representative; and

occurs before the Attorney-General discloses information to the special advocate under subsection 38PE(2) in relation to the proceeding.

the court is satisfied that it is in the interest of national security to make such orders; and

the orders are not inconsistent with this Act or regulations made under this Act.

disclose to the special advocate the information that is subject to whichever of the following is in effect at that time:

a certificate given to the party or the party’s legal representative under section 38F or 38H in relation to the proceeding;

an order made under subsection 38J(2), (3) or (4) in relation to the proceeding; and

if subparagraph (a)(i) applies—give to the special advocate a statement of the Attorney-General’s reasons for withholding the information from the party.

in permitted circumstances specified in the certificate given under section 38F or 38H or in accordance with the order (if any) made under subsection 38J(2), (3) or (4); or

to:

(i) the person who applied for the relevant control order (within the meaning of Criminal Code) or that person’s legal representative; orPart 5.3 of the

the Attorney-General, the Attorney-General’s legal representative or any other representative of the Attorney-General; or

to the court at a part of a hearing in the proceeding during which the party and the party’s legal representative are not entitled to be present.

with:

the magistrate, judge or judges comprising the court; or

(ii) the person who applied for the relevant control order (within the meaning of Criminal Code) or that person’s legal representative; orPart 5.3 of the

the Attorney-General, the Attorney-General’s legal representative or any other representative of the Attorney-General; or

with the party or the party’s legal representative in accordance with subsections (3) and (4) or (10); or

with any other person if the communication is:

about matters not connected with the substance of the proceeding; and

necessary for administrative purposes.

if the court is satisfied that the communication is not likely to prejudice national security—forward the communication without amendment to the relevant person or the person’s legal representative; or

if paragraph (a) does not apply:

amend the communication to the extent necessary for the court to be satisfied that the communication is not likely to prejudice national security; and

forward the amended communication to the relevant person or the person’s legal representative; or

if paragraph (a) does not apply and the court is satisfied that it is not practicable to amend the communication so that it is not likely to prejudice national security:

decline to forward the communication; and

notify the special advocate of that decision.

the person who applied for the relevant control order or that person’s legal representative; and

the Attorney-General, the Attorney-General’s legal representative or any other representative of the Attorney-General.

in relation to a civil proceeding even if the proceeding has ended; and

in relation to a person who has ceased to be a special advocate of a party to a civil proceeding in the same way as those provisions apply in relation to a special advocate of the party.

a hearing under subsection 38G(1) or 38H(6) relating to the disclosure of information in a civil proceeding; or

proceedings relating to such a hearing;

remuneration; or

conflicts of interest; or

immunity.

the Attorney-General discloses information to the person under subsection 38PE(2) in relation to a civil proceeding; and

the person discloses the information (whether in the proceeding or otherwise); and

paragraphs 38PE(3)(a), (b) and (c) do not apply to the disclosure by the person.

the Attorney-General discloses information to the person under subsection 38PE(2) in relation to a civil proceeding; and

the person communicates with another person about any matter connected with the proceeding; and

the communication occurs after the disclosure mentioned in paragraph (a); and

paragraphs 38PF(2)(a), (b) and (c) do not apply to the communication.

the person is or was a party to a civil proceeding; and

the Attorney-General discloses information to a special advocate of the person under subsection 38PE(2) in relation to the proceeding; and

the person communicates with the special advocate about any matter connected with the proceeding, other than in writing through the party’s legal representative; and

the communication occurs after the disclosure mentioned in paragraph (b).

the Attorney-General discloses information to a special advocate of a party to a civil proceeding under subsection 38PE(2) in relation to the proceeding; and

the person communicates with the special advocate about any matter connected with the proceeding, other than in writing; and

the communication occurs after the disclosure mentioned in paragraph (a); and

the first person is the legal representative of the party:

at or after the time disclosure occurs; and

at or before the time the communication occurs.

(f) identifies the proceedings under Criminal Code in relation to which the special advocates were appointed.Division 104 of the

the orders are not inconsistent with this Act; and

the orders are not inconsistent with regulations made under this Act.

the orders are not inconsistent with this Act; and

the orders are not inconsistent with regulations made under this Act.

there is not an order in force under section 22 relating to that information; or

there is an order in force under section 22 relating to that information but the order does not deal with that matter.

there is not an order in force under section 38B relating to that information; or

there is an order in force under section 38B relating to that information but the order does not deal with that matter.

the entity is an officer of an *Australian government agency; and

the information was acquired by the entity under the exception in subsection 355-65(1) operating in relation to item 10 in the table in subsection 355-65(2); and

the record is made for, or the disclosure is to:

the Commonwealth Ombudsman or a Deputy Commonwealth Ombudsman; or

(ii) a member of staff referred to in subsection 31(1) of the Ombudsman Act 1976; and

(d) the record or disclosure is for the purpose of the performance of a function or duty of the Commonwealth Ombudsman, the Deputy Commonwealth Ombudsman or the member of staff, under the Ombudsman Act 1976.

the entity is:

the Commonwealth Ombudsman or a Deputy Commonwealth Ombudsman; or

(ii) a member of staff referred to in subsection 31(1) of the Ombudsman Act 1976; and

the information was acquired by the entity under subsection (1) or this subsection; and

(c) the record or disclosure is for the purpose of the performance of a function or duty of the Commonwealth Ombudsman, the Deputy Commonwealth Ombudsman or the member of staff, under the Ombudsman Act 1976.

an ASIO employee; or

an ASIO affiliate; or

a person who has entered into a contract, agreement or arrangement with ASIO (other than as an ASIO affiliate).

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

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

the person discloses the information; and

the information relates to a special intelligence operation.

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

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

the person discloses the information; and

the information relates to a special intelligence operation; and

either or both of the following subparagraphs apply:

the person intends to endanger the health or safety of any person or prejudice the effective conduct of a special intelligence operation;

the disclosure will endanger the health or safety of any person or prejudice the effective conduct of a special intelligence operation.

the person discloses information; and

the information relates to a special intelligence operation; and

the disclosure will endanger the health or safety of any person or prejudice the effective conduct of a special intelligence operation.

the person discloses information; and

the information relates to a special intelligence operation; and

either or both of the following subparagraphs apply:

the person intends to endanger the health or safety of any person or prejudice the effective conduct of a special intelligence operation;

the person knows that the disclosure will endanger the health or safety of any person or prejudice the effective conduct of a special intelligence operation.

(a) the information has already been communicated, or made available, to the public (the prior publication); and

the person was not involved in the prior publication (whether directly or indirectly); and

at the time of the disclosure, the person believes that the disclosure:

will not endanger the health or safety of any person; and

will not prejudice the effective conduct of a special intelligence operation; and

having regard to the nature, extent and place of the prior publication, the person has reasonable grounds for that belief.