AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979 - SECT 27G Authority under identified person warrant--inspection of postal articles

AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979 - SECT 27G

  (1)   This section applies if an identified person warrant in relation to a person (the identified person ) gives conditional approval for the Organisation to access postal articles while the articles are in the course of the post.

Things that may be authorised under warrant

  (2)   Subject to subsection   (4), the Attorney - General or the Director - General may, on request, authorise the Organisation to do one or more of the things mentioned in subsection   (3) under the identified person warrant in relation to any of the following:

  (a)   articles posted by or on behalf of the identified person;

  (b)   articles addressed to the identified person;

  (c)   articles reasonably suspected by a person authorised to exercise the authority of the Organisation under the warrant to be intended to be received by the identified person.

  (3)   The things are as follows:

  (a)   inspect and make copies of the articles, or the covers of the articles;

  (b)   open the articles;

  (c)   inspect and make copies of the contents of the articles;

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

Test for authorisation

  (4)   The Attorney - General or the Director - General is only to give an authorisation under subsection   (2) if the Attorney - General or the Director - General is satisfied, on reasonable grounds, that doing that thing or those things under the warrant will substantially assist the collection of intelligence relevant to the prejudicial activities of the identified person.

Rules relating to the Australian Postal Corporation

  (5)   If an authorisation is given under this section, the Director - General must, as soon as practicable:

  (a)   inform the Australian Postal Corporation of that fact; and

  (b)   give a certified copy of the authorisation to the Australian Postal Corporation.

  (6)   If either of the following is revoked:

  (a)   an authorisation under this section;

  (b)   the identified person warrant under which the authorisation is given;

the Director - General must:

  (c)   inform the Australian Postal Corporation of that fact; and

  (d)   give a certified copy of the instrument of revocation to the Australian Postal Corporation.

  (7)   The Australian Postal Corporation must provide all reasonable assistance to a person acting in accordance with an authorisation under this section.

Relationship with other laws

  (8)   Nothing in Part   VIIA of the Crimes Act 1914 or the Australian Postal Corporation Act 1989 prohibits the doing of anything under or for the purposes of an authorisation under this section.