Commonwealth Consolidated Acts

AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979 - SECT 27J

Requests for authorisations

  (1)   A request for an authorisation under this Subdivision may be made:

  (a)   if the request is to the Attorney - General--by the Director - General; or

  (b)   if the request is to the Director - General--by an ASIO employee or an ASIO affiliate.

  (2)   The request must specify the facts and other grounds on which the person making the request considers it necessary that the authorisation should be given.

Requirements for authorisations

  (3)   An authorisation under this Subdivision:

  (a)   must be in writing; and

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

  (c)   must specify:

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

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

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

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

  (v)   the period during which the authorisation is in force; and

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

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

  (4)   A restriction or condition specified in an authorisation must not be inconsistent with any restrictions or conditions specified in the identified person warrant under which the authorisation is given.

  (5)   For the purposes of subparagraph   (3)(c)(v), the period:

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

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

When authorisations cease to be in force

  (6)   An authorisation under this Subdivision ceases to be in force at the earliest of the following times:

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

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

  (c)   the time specified in the authorisation.

Other matters

  (7)   To avoid doubt, for the purposes of this Act, the authority conferred by an identified person warrant includes the authority conferred by an authorisation under this Subdivision under the warrant.

  (8)   To avoid doubt, nothing in this Subdivision prevents 2 or more authorisations under this Subdivision from being given under the same identified persons warrant at any time while the warrant is in force.

  (9)   An authorisation under this Subdivision is not a legislative instrument.