AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979 - SECT 26R Issue of warrants for recovery of tracking devices

AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979 - SECT 26R

Request for warrant

  (1)   The Director - General may request the Attorney - General to issue a warrant under this section in respect of one or more tracking devices (the relevant devices ), or enhancement equipment in relation to the device or devices (the relevant equipment ), if:

  (a)   the relevant devices, or relevant equipment, were:

  (i)   installed in or on an object by the Organisation; or

  (ii)   used by the Organisation; or

  (iii)   maintained by the Organisation; and

  (b)   the installation, use or maintenance was not under:

  (i)   a surveillance device warrant; or

  (ii)   a warrant issued under section   27A; or

  (iii)   an identified person warrant; and

  (c)   recovery of the device or devices or equipment may involve either or both of the following:

  (i)   entering premises without permission from the owner or occupier of the premises;

  (ii)   interference with the interior of a vehicle without permission of the person having lawful possession or control of the vehicle.

Issue of warrant

  (2)   The Attorney - General may issue a warrant in respect of the relevant devices or relevant equipment if the Attorney - General is satisfied that failure to recover the relevant devices or relevant equipment would be prejudicial to security.

  (3)   In determining whether the warrant should be issued, the Attorney - General must have regard to the risk that information relating to the operations, capabilities or technologies of, or methods or sources used by, the Organisation will be communicated or made available to the public without the authority of the Commonwealth if the warrant is not issued.

Requirements for warrant

  (4)   A warrant issued under this section must:

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

  (b)   specify:

  (i)   details of the relevant devices or relevant equipment; and

  (ii)   the day the warrant is issued; and

  (iii)   the period during which the warrant is in force, which must not be more than 90 days; and

  (iv)   any restrictions or conditions that the Attorney - General considers appropriate in the circumstances; 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 to premises is authorised to be made at any time of the day or night or during stated hours of the day or night.

  (5)   Subparagraph   (4)(b)(iii) does not prevent the issuing of further warrants in relation to the same devices or equipment.

Authorisation in warrant

  (6)   A warrant issued under this section in respect of relevant devices or relevant equipment authorises the Organisation to:

  (a)   recover the devices or equipment; and

  (b)   do any of the following:

  (i)   use the devices or equipment solely for the purposes of locating the devices or equipment;

  (ii)   enter any premises where the devices or equipment are reasonably believed to be, for the purpose of recovering the devices or equipment;

  (iii)   enter any other premises for the purpose of gaining entry to or exiting the premises referred to in subparagraph   (ii);

  (iv)   enter into or onto, or alter, an object for the purpose of recovering the devices or equipment;

  (v)   replace an object with an equivalent object for the purpose of recovering the devices or equipment;

  (vi)   break open any thing for the purpose of recovering the devices or equipment;

  (vii)   if the devices or equipment are installed in or on an object--temporarily remove the object from any place where it is situated for the purpose of recovering the devices or equipment and returning the object to that place;

  (viii)   use a nominal amount of electricity from any source to power the devices or equipment;

  (ix)   any thing reasonably necessary to conceal the fact that any thing has been done under the warrant;

  (x)   use any force against persons and things that is necessary and reasonable to do any of the above;

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