Commonwealth Numbered Acts

INTELLIGENCE AND SECURITY (CONSEQUENTIAL AMENDMENTS) ACT 1986 No. 102 of 1986 - SECT 28

28. After section 11 of the Principal Act the following section is inserted:
Warrants for the performance of functions under paragraph 17 (1) (e) of the
ASIO Act

"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 sub-section
        9 (1) in relation to a particular telecommunications service, or
        authorising the Commission to do acts or things referred to in
        sub-section 11 (1) in relation to a person identified in the notice,
        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 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 Attorney-General may, by warrant under his
        or her hand, authorise persons approved under section 12 in respect of
        the warrant or the Commission, as the case may be, 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 or that person, as the case may be, 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)  in the case of a warrant in respect of a telecommunications
        service-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 the Commission;
               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) Where a warrant under this section authorises entry on premises, the
warrant shall state whether entry is authorised to be made at any time of the
day or night or only during specified hours and may, if the Attorney-General
thinks fit, provide that entry may be made without permission first being
sought or demand first being made, and authorise measures that the
Attorney-General is satisfied are necessary for that purpose.

"(4) A warrant under this section shall specify the period for which it is to
remain in force, being a period not exceeding 6 months, but may be revoked by
the Attorney-General at any time before the end of the period so specified.

"(5) Sub-section (4) shall not be construed as preventing the issue of a
further warrant in respect of a telecommunications service in relation to
which a warrant has, or warrants have, previously been issued or in respect of
a person in relation to whom a warrant has, or warrants have, previously been
issued.

"(6) The authority conferred on the Commission by a warrant issued under this
section to do acts or things referred to in sub-section 11 (1) may be
exercised only by-

   (a)  the Managing Director of the Commission; and

   (b)  officers of the Commission approved, for the purposes of that warrant
        or of warrants issued under this section, by the Managing Director of
        the Commission or by an officer of the Commission appointed by the
        Managing Director of the Commission, in writing, to be an authorising
        officer of the Commission for the purposes of this section.

"(7) Nothing in the Telecommunications Act 1975 shall be taken to prohibit the
doing of anything pursuant to, or for the purposes of, a warrant under this
section.

"(8) 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 permanent resident.

"(9) The reference in sub-section (1) to conditions or restrictions includes a
reference to conditions or restrictions designed to minimise the obtaining by
the Organization, pursuant to a warrant issued under this section, of
information that is not publicly available concerning Australian citizens or
permanent residents, or to minimise the retention of information of that
kind.".