TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 11A Telecommunications service warrant for collection of foreign intelligence

TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 11A

  (1)   Where:

  (a)   the Director - General of Security gives a notice in writing to the Attorney - General requesting the Attorney - General to issue a warrant under this section authorising persons approved under section   12 in respect of the warrant to do acts or things referred to in subsection   9(1) in relation to a particular telecommunications service for the purpose of obtaining foreign intelligence relating to a matter specified in the notice; and

  (b)   the Attorney - General is satisfied, on the basis of advice received from the Minister for Defence or the Minister for Foreign Affairs, that the collection of foreign intelligence relating to that matter is in the interests of Australia's national security, Australia's foreign relations or Australia's national economic well - being;

the Attorney - General may, by warrant under his or her hand, authorise persons approved under section   12 in respect of the warrant, subject to any conditions or restrictions that are specified in the warrant, to do such of those acts or things in relation to that telecommunications service as the Attorney - General considers appropriate in the circumstances and are specified in the warrant, for the purpose of obtaining that intelligence.

  (2)   A request by the Director - General of Security for the issue of a warrant under this section:

  (a)   shall include a description of the service sufficient to identify it, including:

  (i)   the name, address and occupation of the subscriber (if any) to the service; and

  (ii)   the number (if any) allotted to the service by a carrier; and

  (b)   shall specify the facts and other grounds on which the Director - General of Security considers it necessary that the warrant should be issued.

  (3)   If the Director - General of Security requests the issue of a warrant under this section for the purpose of collecting information concerning a person who is an Australian citizen or permanent resident (see subsection   11D(5)), then:

  (a)   the Director - General must include details in the request about the grounds on which the Director - General suspects that the person is acting for, or on behalf of, a foreign power; and

  (b)   the Attorney - General must not issue the warrant unless the Attorney - General is satisfied that the person is, or is reasonably suspected by the Director - General of, acting for, or on behalf of, a foreign power.

Note:   Warrants are obtained under this section for the purpose of performing the function set out in paragraph   17(1)(e) of the Australian Security Intelligence Organisation Act 1979 .