INTELLIGENCE SERVICES ACT 2001 - SECT 9A Authorisations in an emergency--Ministerial authorisations

INTELLIGENCE SERVICES ACT 2001 - SECT 9A

  (1)   This section applies if:

  (a)   an emergency situation arises in which an agency head considers it necessary or desirable to undertake an activity or a series of activities (except an activity or a series of activities of a kind mentioned in subparagraph   8(1)(a)(iaa), (ia) or (ib)); and

  (b)   a direction under subsection   8(1) requires the agency to obtain an authorisation under section   9, 9A or 9B before undertaking that activity or series of activities.

Giving oral authorisations

  (2)   A Minister specified in subsection   (3) may orally give an authorisation under this section for the activity or series of activities if (subject to section   9C) the conditions in subsections   9(1) and (1A) are met.

Note:   The condition in paragraph   9(1A)(b) may not be required to be met if the Attorney - General is unavailable (see section   9C).

  (3)   The Ministers who may orally give an authorisation are:

  (a)   the responsible Minister in relation to the relevant agency; or

  (b)   if the agency head is satisfied that the relevant responsible Minister is not readily available or contactable--any of the following Ministers:

  (i)   the Prime Minister;

  (ii)   the Defence Minister;

  (iii)   the Foreign Affairs Minister;

  (iv)   the Attorney - General;

  (v)   the Minister responsible for administering the Australian Security Intelligence Organisation Act 1979 .

Note:   An authorisation may be given by an agency head if none of those Ministers are readily available or contactable (see section   9B).

Period of effect of oral authorisation

  (4)   An authorisation given under this section for an activity or series of activities ceases to have effect at the earlier of the following times:

  (a)   when an authorisation for the activity or series of activities is given under section   9;

  (b)   48 hours from the time the authorisation was given under this section.

Record of oral authorisation

  (5)   The agency head must:

  (a)   ensure that a written record of an authorisation given under this section is made as soon as practicable (but no later than 48 hours) after the authorisation is given; and

  (b)   give the Inspector - General of Intelligence and Security a copy of the record within 3 days after the authorisation is given.