Commonwealth Consolidated Acts

AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979 - SECT 27F

  (1)   This section applies if an identified person warrant in relation to a person (the identified person ) gives conditional approval for the Organisation to use one or more kinds of surveillance devices.

Things that may be authorised under warrant

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

  (a)   install, use and maintain surveillance devices of the kind specified in the conditional approval to:

  (i)   listen to, record, observe or monitor the words, sounds or signals communicated to or by the identified person, or the activities of the identified person; or

  (ii)   track the identified person;

  (b)   install, use and maintain surveillance devices of the kind specified in the conditional approval:

  (i)   in or on premises where the identified person is reasonably believed to be or likely to be; or

  (ii)   in or on any other specified premises from which the activities of the identified person, or the words, sounds or signals communicated by or to the identified person, can be listened to, recorded, observed or monitored;

  (c)   enter the premises referred to in paragraph   (b) for any of the purposes referred to in paragraph   (a) or (b) or in subsection   26B(4), (5) or (6) (as those subsections apply because of this section);

  (d)   install, use and maintain surveillance devices of the kind specified in the conditional approval in or on any object used or worn, or likely to be used or worn, by the identified person;

  (e)   enter into or onto, or alter, an object referred to in paragraph   (d);

  (f)   enter any premises in which an object referred to in paragraph   (d) is or is likely to be found, for any of the purposes referred to in that paragraph or in subsection   26B(4), (5) or (6) (as those subsections apply because of this section);

  (g)   enter any other premises, for the purposes of gaining entry to or exiting premises referred to in paragraph   (b) or (f);

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

Test for authorisation

  (3)   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.

  (4)   If an authorisation is given under subsection   (2) in relation to a surveillance device, the identified person warrant under which the authorisation is given also authorises the Organisation to do the things mentioned in subsection   26B(4) in relation to the device.

  (5)   If the Organisation installs or uses a surveillance device under the identified person warrant, the Organisation is authorised to do the things mentioned in subsections   26B(5) and (6) in relation to the device.

  (6)   For the purposes of subsections   (4) and (5) of this section, section   26B applies as if references in that section to a surveillance device warrant were references to an identified person warrant.