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AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979 - SECT 35M

Effect of being unaware of variation or cancellation of special intelligence operation authority

  (1)   If an authority to conduct a special intelligence operation is varied in a way that limits its scope, this Division continues to apply to a participant in the special intelligence operation as if the authority had not been varied in that way, for so long as the participant:

  (a)   is unaware of the variation; and

  (b)   is not reckless about the existence of the variation.

  (2)   If an authority to conduct a special intelligence operation is cancelled, this Division continues to apply to a person who was a participant in the special intelligence operation immediately before the cancellation as if the authority had not been cancelled in that way, for so long as the person:

  (a)   is unaware of the cancellation; and

  (b)   is not reckless about the existence of the cancellation.

  (3)   For the purposes of this section, a person is reckless about the existence of the variation or cancellation of a special intelligence operation authority if:

  (a)   the person is aware of a substantial risk that the variation or cancellation has happened; and

  (b)   having regard to the circumstances known to the person, it is unjustifiable to take the risk that the special intelligence operation authority has not been varied or cancelled.


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