AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979 - SECT 26A Requirements for surveillance device warrants

AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979 - SECT 26A

  (1)   A surveillance device warrant must:

  (a)   be signed by the Attorney - General; and

  (b)   specify:

  (i)   the kind of surveillance device, or kinds of surveillance devices, authorised to be used; and

  (ii)   the date the warrant is issued; and

  (iii)   if the warrant is issued in relation to a particular person--the name of the person (if known) or the fact that the person's identity is unknown; and

  (iv)   if the warrant is issued in relation to particular premises--the premises; and

  (v)   if the warrant is issued in relation to an object or class of object--the object or class of object; and

  (c)   authorise the use of any force against persons and things that is necessary and reasonable to do the things authorised by the warrant; and

  (d)   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.

  (2)   If a surveillance device warrant is issued in relation to particular premises that are vehicles, the warrant need only specify the class of vehicle in relation to which the use of the surveillance device is authorised.

  (3)   The surveillance device warrant must specify the period during which it is to remain in force. The period must not be more than 6 months, although the Attorney - General may revoke the warrant before the period has expired.

  (4)   Subsection   (3) does not prevent the issue of any further warrant.