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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 Attorney - General for the issue of a warrant under section   25, 25A, 26, 26R, 27 or 27AA;

  (b)   the Attorney - General 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 Attorney - General; 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 Attorney - General, 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 Attorney - General 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 Attorney - General 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 Attorney - General:

  (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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