Commonwealth Consolidated Acts

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AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979 - SECT 29

Issue of certain warrants by Director-General in emergency

             (1)  Where:

                     (a)  the Director‑General has forwarded or made a request to the Minister for the issue of a warrant under section 25, 25A, 26, 26B, 26C, 27 or 27AA;

                     (b)  the Minister has not, to the knowledge of the Director‑General, issued, or refused to issue, a warrant as a result of the request and has not, within the preceding period of 3 months, refused to issue a substantially similar warrant;

                     (c)  the Director‑General has not, within the preceding period of 3 months, issued a substantially similar warrant; and

                     (d)  the Director‑General is satisfied:

                              (i)  that the facts of the case would justify the issue of a warrant by the Minister; and

                             (ii)  that, if the action to be authorized by the warrant does not commence before a warrant can be issued and made available by the Minister, security will be, or is likely to be, seriously prejudiced;

the Director‑General may issue a warrant signed by the Director‑General of the kind that could be issued by the Minister in pursuance of the request.

             (2)  A warrant under this section shall specify the period for which it is to remain in force, being a period that does not exceed 48 hours, but may be revoked by the Minister at any time before the expiration of the period so specified.

             (3)  Where the Director‑General issues a warrant under this section, the Director‑General shall forthwith furnish to the Minister:

                     (a)  a copy of the warrant; and

                     (b)  a statement of the grounds on which the Director‑General is satisfied as to the matter referred to in subparagraph (1)(d)(ii).

             (4)  The Director‑General must, within 3 working days after issuing a warrant under this section, give a copy of the warrant to the Inspector‑General of Intelligence and Security.



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