Commonwealth Consolidated Acts

AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979 - SECT 26G

Request for authorisation

  (1)   An ASIO employee or ASIO affiliate (the applicant ) may request an authorising officer to give an authorisation under this section in respect of a matter (the security matter ) that is important in relation to security.

Note:   An authorisation given under this section cannot authorise certain things, including the following:

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

(b)   remotely installing a tracking device;

(c)   installing a tracking device to listen to a person;

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

See section   26K.

  (2)   The request must be made in relation to one or both of the following:

  (a)   a particular person;

  (b)   an object or a class of object.

  (3)   The request may be made:

  (a)   in writing; or

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

  (4)   A request under subsection   (1) must include a statement of:

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

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

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

  (5)   If the request is made orally, a written record of the request that meets the requirements of subsection   (4) must be made within 48 hours after the request is made.

Test for giving of authorisation

  (6)   The authorising officer may give the authorisation only if the authorising officer is satisfied that there are reasonable grounds for believing that:

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

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

  (7)   To avoid doubt, the identity of the person referred to in paragraph   (6)(a) need not be known.

Authorisation may be subject to restrictions or conditions

  (8)   The authorisation is subject to any restrictions or conditions specified in it.