Commonwealth Consolidated Acts

AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979 - SECT 27A

             (1)  Where:

                     (a)  the Director‑General gives a notice in writing to the Minister requesting the Minister to issue a warrant under this section in relation to premises, a person, a computer or a thing identified in the notice authorising the Organisation to do acts or things referred to in whichever of subsections 25(4) or (5), 25A(4), 26(3) or (4), 26B(3), 26C(3), 27(2) or (3) or 27AA(5) or (8) is or are specified in the notice for the purpose of obtaining foreign intelligence relating to a matter specified in the notice; and

                     (b)  the Minister is satisfied, on the basis of advice received from the relevant Minister, that the collection of foreign intelligence relating to that matter is important in relation to the defence of the Commonwealth or to the conduct of the Commonwealth's international affairs;

the Minister may, by warrant under his or her hand, authorise the Organisation, subject to any conditions or restrictions that are specified in the warrant, to do such of those acts or things in relation to those premises, that person, that computer or those things as the Minister considers appropriate in the circumstances and are specified in the warrant for the purpose of obtaining that intelligence.

             (2)  The warrant must:

                     (a)  authorise the use of any force that is necessary and reasonable to do the things mentioned in subsection (1); 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.

             (3)  A warrant under this section shall specify the period for which it is to remain in force, being a period not exceeding:

                     (a)  in a case where the warrant authorises the doing of acts or things referred to in subsection 25(4) or (5)--90 days;

                     (b)  in a case where the warrant authorises the doing of acts or things referred to in subsection 25A(4), 26(3) or (4), 26B(3), 26C(3), 27(2) or (3) or 27AA(5) or (8)--6 months;

but may be revoked by the Minister at any time before the end of the period so specified.

          (3A)  If a listening device is installed in accordance with a warrant under this section authorising the doing of acts referred to in subsection 26(3) or (4), the Organisation is authorised to do any of the following:

                     (a)  enter any premises for the purpose of recovering the listening device;

                     (b)  recover the listening device;

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

at the following time:

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

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

          (3B)  If a tracking device is applied to a target object in accordance with a warrant under this section authorising the doing of acts referred to in subsection 26B(3) or 26C(3), 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.

             (4)  Subsection (3) shall not be construed as preventing the issue of any further warrant.

             (5)  Nothing in this section, or in a warrant under this section, applies to or in relation to the use of a listening device for a purpose that would, for the purposes of the Telecommunications (Interception and Access) Act 1979 , constitute the interception of a communication passing over a telecommunications system operated by a carrier or a carriage service provider.

             (6)  Where the Director‑General is informed under section 32 of the issue of a warrant under this section authorising the doing of acts or things referred to in subsection 27(2) or (3), the Director‑General must:

                     (a)  cause the Australian Postal Corporation to be informed of the issue of the warrant without delay; and

                     (b)  where, under section 32, the Director‑General receives the warrant--cause a certified copy of the warrant to be given to the Australian Postal Corporation as soon as practicable.

          (6A)  Where:

                     (a)  the Director‑General has been informed under section 32 of the issue of a warrant under this section authorising the doing of acts or things referred to in subsection 27(2) or (3); and

                     (b)  the Director‑General is informed under section 32 that the warrant has been revoked;

the Director‑General must:

                     (c)  cause the Australian Postal Corporation to be informed of the revocation without delay; and

                     (d)  where, under section 32, the Director‑General receives the instrument of revocation--cause a certified copy of the instrument of revocation to be given to the Australian Postal Corporation as soon as practicable.

             (7)  The Australian Postal Corporation shall give to a person acting pursuant to a warrant under this section authorising the doing of acts or things referred to in subsection 27(2) or (3) all reasonable assistance.

             (8)  Nothing in Part VIIA of the Crimes Act 1914 or the Australian Postal Corporation Act 1989 shall be taken to prohibit the doing of anything pursuant to, or for the purposes of, a warrant under this section.

             (9)  The Director‑General shall not request the issue of a warrant under this section for the purpose of collecting information concerning an Australian citizen or a permanent resident.

           (10)  The reference in subsection (1) to conditions or restrictions includes a reference to conditions or restrictions designed to minimise the obtaining by the Organisation, pursuant to a warrant issued under that subsection, of information that is not publicly available concerning Australian citizens or permanent residents, or to minimise the retention of information of that kind.