Commonwealth Consolidated Acts

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Provisions applying to foreign intelligence warrants

Warrants authorising entry

             (1)  Where a warrant under section 11A or 11B authorises entry on premises, the warrant:

                     (a)  must state whether entry is authorised to be made at any time of the day or night or only during specified hours; and

                     (b)  may, if the Attorney-General thinks fit--provide that entry may be made without permission first being sought or demand first being made, and may authorise measures that he or she is satisfied are necessary for that purpose.

Length of time warrant remains in force

             (2)  A warrant under section 11A, 11B or 11C must specify the period for which it is to remain in force. The period must not exceed 6 months, and the warrant may be revoked by the Attorney-General at any time before the end of the specified period.

Issue of further warrant

             (3)  Subsection (2) does not prevent the issue of a further warrant in respect of a telecommunications service, a person or a part of a telecommunications system (as the case may be) in relation to which or whom a warrant has, or warrants have, previously been issued.

Part 10 . 6 of the Criminal Code

             (4)  Nothing in Part 10.6 of the Criminal Code is to be taken to prohibit the doing of anything under, or for the purposes of, a warrant under section 11A, 11B or 11C.

Note:          Part 10.6 of the Criminal Code deals with offences relating to telecommunications.

Information about Australian citizens or permanent residents

             (5)  The Director-General must not request the issue of a warrant under section 11A, 11B or 11C for the purpose of collecting information concerning an Australian citizen or permanent resident, unless the Director-General reasonably suspects that the person is acting for, or on behalf of, a foreign power.

             (6)  The reference in subsection 11A(1), 11B(1) and 11C(1) to conditions or restrictions includes a reference to conditions or restrictions designed to minimise:

                     (a)  the obtaining by the Organisation, pursuant to a warrant issued under section 11A, 11B or 11C (as the case may be), of information that is not publicly available concerning Australian citizens or permanent residents; or

                     (b)  the retention of information of that kind.

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