Commonwealth Consolidated Acts

AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979 - SECT 26B

Issue of warrant

             (1)  If the Director‑General requests the Minister to do so, and the Minister is satisfied as mentioned in subsection (2), the Minister may issue a warrant in accordance with this section.

Test for issue of warrant

             (2)  The Minister is only to issue the warrant if he or she is satisfied that:

                     (a)  a person (the subject ) is engaged in, or reasonably suspected by the Director‑General of being engaged in or of being likely to engage in, activities prejudicial to security; and

                     (b)  the use by the Organisation of a tracking device applied to any object (a target object ) used or worn, or likely to be used or worn, by the subject to enable the Organisation to track the subject will, or is likely to, assist the Organisation in carrying out its function of obtaining intelligence relevant to security.

Note:          Tracking device , track , object and apply are defined in subsection 26A(3).

Authorisation in warrant

             (3)  The warrant:

                     (a)  must be signed by the Minister; and

                     (b)  must authorise the Organisation, subject to any restrictions or conditions specified in the warrant, to use a tracking device applied to a target object for the purpose of tracking the subject, who must be specified in the warrant; and

                     (c)  may authorise the Organisation to:

                              (i)  enter any premises in which a target object is or is likely to be found, for the purpose of applying a tracking device to the target object, or using or maintaining a tracking device so applied; and

                             (ii)  enter or alter a target object, for the purpose of applying, using or maintaining a tracking device; and

                            (iii)  apply a tracking device to a target object; and

                            (iv)  maintain a tracking device applied to a target object; and

                             (v)  any other thing reasonably incidental to any of the above.

Authorisation of entry measures

             (4)  The warrant must:

                     (a)  authorise the use of any force that is necessary and reasonable to do the things specified in the warrant; and

                     (b)  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.

Duration of warrant

             (5)  The warrant must specify the period during which it is to remain in force. The period must not be more than 6 months, although the Minister may revoke the warrant before the period has expired.

Issue of further warrants not prevented

             (6)  Subsection (5) does not prevent the issue of any further warrant.

Tracking device may be recovered

             (7)  If a tracking device is applied to a target object in accordance with the warrant, the Organisation is authorised to do any of the following:

                     (a)  enter any premises in which the target object is or is likely to be found, for the purpose of recovering the tracking device;

                     (b)  enter or alter the target object for the purpose of recovering the tracking device;

                     (c)  recover the tracking device;

                     (d)  use any force that is necessary and reasonable to do any of the above;

at the following time:

                     (e)  at any time while the warrant is in force or within 28 days after it ceases to be in force;

                      (f)  if the tracking device is not recovered at a time mentioned in paragraph (e)--at the earliest time, after the 28 days mentioned in that paragraph, at which it is reasonably practicable to do the things concerned.

Interpretation

             (8)  Expressions used in this section that are also used in section 26A have the same meanings as in that section.