Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If:
(a) an application for an authority to conduct a special intelligence operation is made under section 35B; and
(b) the Attorney - General is satisfied that there are reasonable grounds on which to believe that the matters in subsection (2) exist;
the Attorney - General may authorise the special intelligence operation by granting the authority.
(2) The matters are as follows:
(a) the special intelligence operation will assist the Organisation in the performance of one or more special intelligence functions;
(b) the circumstances are such as to justify the conduct of a special intelligence operation;
(c) any unlawful conduct involved in conducting the special intelligence operation will be limited to the maximum extent consistent with conducting an effective special intelligence operation;
(d) the special intelligence operation will not be conducted in such a way that a person is likely to be induced to commit an offence against a law of the Commonwealth, a State or a Territory that the person would not otherwise have intended to commit;
(e) any conduct involved in the special intelligence operation will not:
(i) cause the death of, or serious injury to, any person; or
(ia) constitute torture; or
(ii) involve the commission of a sexual offence against any person; or
(iii) result in significant loss of, or serious damage to, property.
(3) A special intelligence operation authority may be granted unconditionally or subject to conditions.
(4) A special intelligence operation authority may be granted:
(a) by means of a written document signed by the Attorney - General; or
(b) if the Attorney - General is satisfied there are reasonable grounds on which to believe that the delay caused by giving a written authority may be prejudicial to security--orally in person, or by telephone or other means of communication.
(5) If a special intelligence operation authority is granted in accordance with paragraph (4)(b), a written record of the special intelligence operation authority that complies with section 35D must be issued within 7 days.
(6) To avoid doubt, nothing in this Division prevents a special intelligence operation authority being granted in respect of a special intelligence operation that has been the subject of a previous special intelligence operation authority.
Note: A special intelligence operation authority can be varied, but not so as to extend beyond 12 months--see section 35F.
(7) The following are not legislative instruments:
(a) a document referred to in paragraph (4)(a);
(b) a written record referred to in subsection (5).