Commonwealth Consolidated Acts Commonwealth Consolidated ActsIssue of search warrant
(1) If the Director - General requests the Attorney - General to do so, and the Attorney - General is satisfied as mentioned in subsection (2), the Attorney - General may issue a warrant in accordance with this section.
Test for issue of warrant
(2) The Attorney - General is only to issue the warrant if he or she is satisfied that there are reasonable grounds for believing that access by the Organisation to records or other things on particular premises (the subject premises ) will substantially assist the collection of intelligence in accordance with this Act in respect of a matter (the security matter ) that is important in relation to security.
Authorisation in warrant
(3) The warrant must be signed by the Attorney - General and must authorise the Organisation to do specified things, subject to any restrictions or conditions specified in the warrant, in relation to the subject premises, which must also be specified in the warrant.
Things that may be specified in warrant
(4) The things that may be specified are any of the following that the Attorney - General considers appropriate in the circumstances:
(a) entering the subject premises;
(aa) entering any premises for the purposes of gaining entry to or exiting the subject premises;
(b) searching the subject premises for the purpose of finding records or other things relevant to the security matter and, for that purpose, opening any safe, box, drawer, parcel, envelope or other container in which there is reasonable cause to believe that any such records or other things may be found;
(c) inspecting or otherwise examining any records or other things so found, and making copies or transcripts of any such record or other thing that appears to be relevant to the collection of intelligence by the Organisation in accordance with this Act;
(d) removing and retaining any record or other thing so found, for the purposes of:
(i) inspecting or examining it; and
(ii) in the case of a record--making copies or transcripts of it, in accordance with the warrant;
(e) any thing reasonably necessary to conceal the fact that any thing has been done under the warrant;
(f) any other thing reasonably incidental to any of the above.
Personal searches may be specified
(4A) The Attorney - General may also specify any of the following things if he or she considers it appropriate in the circumstances:
(a) conducting an ordinary search or a frisk search of a person if:
(i) the person is at or near the subject premises when the warrant is executed; and
(ii) there is reasonable cause to believe that the person has on his or her person records or other things relevant to the security matter;
(b) inspecting or otherwise examining any records or other things so found, and making copies or transcripts of any such record or other thing that appears to be relevant to the collection of intelligence by the Organisation in accordance with this Act;
(c) removing and retaining any record or other thing so found, for the purposes of:
(i) inspecting or examining it; and
(ii) in the case of a record--making copies or transcripts of it, in accordance with the warrant.
Certain personal searches not authorised
(4B) Subsection (4A) does not authorise a strip search or a search of a person's body cavities.
Time period for retaining records and other things
(4C) A record or other thing retained as mentioned in paragraph (4)(d) or (4A)(c) may be retained:
(a) if returning the record or thing would be prejudicial to security--only until returning the record or thing would no longer be prejudicial to security; and
(b) otherwise--for only such time as is reasonable.
Other things that may be specified
(5) The Attorney - General may also specify any of the following things if he or she considers it appropriate in the circumstances:
(a) where there is reasonable cause to believe that data relevant to the security matter may be accessible by using a computer or other electronic equipment, or a data storage device, brought to or found on the subject premises--using the computer, equipment or device for the purpose of obtaining access to any such data and, if necessary to achieve that purpose, adding, copying, deleting or altering other data in the computer, equipment or device;
(b) using the computer, equipment or device to do any of the following:
(i) inspecting and examining any data to which access has been obtained;
(ii) converting any data to which access has been obtained, that appears to be relevant to the collection of intelligence by the Organisation in accordance with this Act, into documentary form and removing any such document;
(iii) copying any data to which access has been obtained, that appears to be relevant to the collection of intelligence by the Organisation in accordance with this Act, to any data storage device and removing the device;
(c) any thing reasonably necessary to conceal the fact that any thing has been done under the warrant;
(d) any other thing reasonably incidental to any of the above.
Certain acts not authorised
(6) Subsection (5) does not authorise the addition, deletion or alteration of data, or the doing of any thing, that is likely to:
(a) materially interfere with, interrupt or obstruct the lawful use by other persons of a computer or other electronic equipment, or a data storage device, found on the subject premises unless the addition, deletion or alteration, or the doing of the thing, is necessary to do one or more of the things specified under subsection (5); or
(b) cause any other material loss or damage to other persons lawfully using the computer, equipment or device.
Warrant must provide for certain matters
(7) The warrant must:
(a) authorise the use of any force against persons and things that is necessary and reasonable to do the things specified in the warrant; and
(b) state whether entry is authorised to be made at any time of the day or night or during stated hours of the day or night.
Statement about warrant coming into force
(8) The warrant may state that it comes into force on a specified day (after the day of issue) or when a specified event happens. The day must not begin nor the event happen more than 28 days after the end of the day on which the warrant is issued.
When warrant comes into force
(9) If the warrant includes such a statement, it comes into force at the beginning of the specified day or when the specified event happens. Otherwise, it comes into force when it is issued.
Duration of warrant
(10) The warrant must specify the period during which it is to be in force. The period must not be more than 90 days, although the Attorney - General may revoke the warrant before the period has expired.
Issue of further warrants not prevented
(11) Subsection (10) does not prevent the issue of any further warrant.