Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies if an identified person warrant in relation to a person (the identified person ) gives conditional approval for the Organisation to access records or other things in or on premises.
Things that may be authorised under warrant
(2) Subject to subsection (3), the Attorney - General or the Director - General may, on request, authorise the Organisation to do one or more of the following things under the identified person warrant in relation to one or more specified premises (the subject premises ):
(a) enter the subject premises;
(b) enter any premises for the purposes of gaining entry to or exiting the subject premises;
(c) search the subject premises for the purpose of finding records or other things relevant to the prejudicial activities of the identified person;
(d) open any safe, box, drawer, parcel, envelope or other container in or on the premises in which there is reasonable cause to believe that records or other things relevant to the prejudicial activities of the identified person may be found;
(e) conduct an ordinary search or a frisk search of the identified person or any other person if:
(i) the person is at or near the subject premises when the authority given by this subsection is exercised; and
(ii) there is reasonable cause to believe that the person has, on his or her person, records or other things that are relevant to the prejudicial activities of the identified person;
(f) inspect or otherwise examine any records or other things so found, and make copies or transcripts of any such record or other thing that appears to be relevant to the collection of intelligence by the Organisation in accordance with this Act;
(g) remove and retain any record or other thing so found, for the purposes of:
(i) inspecting or examining it; and
(ii) making copies or transcripts of it;
(h) if there is reasonable cause to believe that data relevant to the prejudicial activities of the identified person may be accessible by using a computer or other electronic equipment, or a data storage device, brought to or found on the subject premises--use the computer, equipment or device for the purpose of obtaining access to any such data and, if necessary to achieve that purpose, add, copy, delete or alter other data in the computer, equipment or device;
(i) if paragraph (h) applies--use the computer, equipment or device to do any of the following:
(i) inspect and examine any data to which access has been obtained;
(ii) convert any data to which access has been obtained, that appears to be relevant to the collection of intelligence by the Organisation in accordance with this Act, into documentary form and removing any such document;
(iii) copy any data to which access has been obtained, that appears to be relevant to the collection of intelligence by the Organisation in accordance with this Act, to any data storage device and remove the device;
(j) any thing reasonably necessary to conceal the fact that any thing has been done under the warrant;
(k) any other thing reasonably incidental to any of the above.
Test for authorisation
(3) The Attorney - General or the Director - General is only to give an authorisation under subsection (2) if the Attorney - General or the Director - General is satisfied, on reasonable grounds, that doing that thing or those things under the warrant in relation to the subject premises will substantially assist the collection of intelligence relevant to the prejudicial activities of the identified person.
Additional rules applying to authorisations
(4) An ordinary search or frisk search of a person that is authorised under paragraph (2)(e) must, if practicable, be conducted by a person of the same sex as the person being searched.
(5) A record or other thing retained as mentioned in paragraph (2)(g) 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.
Certain acts not authorised
(6) Paragraph (2)(e) does not authorise a strip search or a search of a person's body cavities.
(7) Paragraphs (2)(h) to (k) do 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 the things authorised under one or more of those paragraphs; or
(b) cause any other material loss or damage to other persons lawfully using the computer, equipment or device.