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Australian Security Intelligence Organisation Legislation Amendment Bill 1999
Schedule 1 Warrant provisions etc.

Part 1 Australian Security Intelligence Organization Act 1979

1  Section 4 (subparagraph (a)(iv) of the definition of permanent resident )

Omit “illegal entrant”, substitute “unlawful non-citizen”.

2  Section 14

Omit “Governor-General” (wherever appearing), substitute “Minister”.

3  After paragraph 17(1)(c)

Insert:

                    (ca)  to furnish security assessments to a State or an authority of a State in accordance with paragraph 40(1)(b);

4  Paragraph 17(1)(e)

After “section 27A”, insert “or 27B”.

5  After section 17

Insert:

17AA   Fees for advice and other services

             (1)  The Director-General may determine in writing that fees are payable by persons for the giving of advice or the provision of services by the Organisation to the persons at their request.

             (2)  Unless the Director-General determines otherwise, the Organisation may refuse to give the advice, or provide the service, to a person until the fee is paid in whole or part. If the whole or part of the fee is not paid before the advice is given or the service is provided, the amount concerned is a debt due to the Commonwealth and may be recovered by the Commonwealth in a court of competent jurisdiction.

             (3)  The amount of the fee must not exceed the reasonable costs to the Organisation of giving the advice or providing the service.

             (4)  The Director-General may, on application in writing by a person who is or will be required to pay a fee, if the Director-General considers it appropriate in the circumstances:

                     (a)  not require the person to pay any of the fee; or

                     (b)  require the person to pay only a specified part of the fee.

6  Paragraph 18(3)(c)

Repeal the paragraph, substitute:

                     (b)  where the information has come into the possession of the Organisation outside Australia or concerns matters outside Australia and the Director-General or the officer so authorised is satisfied that the national interest requires the communication—the information may be communicated to:

                              (i)  a Minister; or

                             (ii)  a Department; or

                            (iii)  an intelligence or security agency; or

                            (iv)  an officer of a Police Force of a State or Territory; or

                             (v)  a member or special member of the Australian Federal Police; or

                            (vi)  a member, or a member of the staff, of the National Crime Authority.

7  Section 22

Insert:

carrier means:

                     (a)  a carrier within the meaning of the Telecommunications Act 1997 ; or

                     (b)  a carriage service provider within the meaning of that Act.

8  Section 22

Insert:

computer means a computer, a computer system or part of a computer system.

9  Section 22

Insert:

data includes information, a computer program or part of a computer program.

10  Section 22

Insert:

telecommunications facility means a facility within the meaning of section 7 of the Telecommunications Act 1997 .

11  Subsection 24(1)

After “relevant warrants”, insert “or relevant device recovery provisions”.

Note:       The heading to section 24 is altered by adding “ etc. ” after “ warrants ”.

12  Subsection 24(2)

After “relevant warrant”, insert “or relevant device recovery provision”.

13  Subsection 24(3)

Insert:

relevant device recovery provision means subsection 26(6A), 26B(7), 26C(7), 27A(3A) or (3B).

14  Subsection 24(3) (definition of relevant warrant )

Omit “section 25, 26, 27, 27A or 29”, substitute “section 25, 25A, 26, 26B, 26C, 27, 27A, 27AA or 29”.

15  Subsection 24(3) (paragraph (b) of the definition of senior officer of the Organization )

Omit “Manager (Senior Officer Grade A)”, substitute “Coordinator”.

16  Section 25

Repeal the section, substitute:

25   Search warrants

Issue of search warrant

             (1)  If the Director-General requests the Minister to do so, and the Minister is satisfied as mentioned in subsection (2), the Minister may issue a warrant in accordance with this section.

Test for issue of warrant

             (2)  The Minister is only to issue the warrant if he or she is satisfied that there are reasonable grounds for believing that access by the Organisation to records or other things on particular premises (the subject premises ) will substantially assist the collection of intelligence in accordance with this Act in respect of a matter (the security matter ) that is important in relation to security.

Authorisation in warrant

             (3)  The warrant must be signed by the Minister and must authorise the Organisation to do specified things, subject to any restrictions or conditions specified in the warrant, in relation to the subject premises, which must also be specified in the warrant.

Things that may be specified in warrant

             (4)  The things that may be specified are any of the following that the Minister considers appropriate in the circumstances:

                     (a)  entering the subject premises;

                     (b)  searching the subject premises for the purpose of finding records or other things relevant to the security matter and, for that purpose, opening any safe, box, drawer, parcel, envelope or other container in which there is reasonable cause to believe that any such records or other things may be found;

                     (c)  inspecting or otherwise examining any records or other things so found, and making copies or transcripts of any such record or other thing that appears to be relevant to the collection of intelligence by the Organisation in accordance with this Act;

                     (d)  removing and retaining for such time as is reasonable any record or other thing so found, for the purposes of:

                              (i)  inspecting or examining it; and

                             (ii)  in the case of a record—making copies or transcripts of it, in accordance with the warrant;

                     (e)  any thing reasonably necessary to conceal the fact that any thing has been done under the warrant;

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

Other things that may be specified

             (5)  The Minister may also specify any of the following things if he or she considers it appropriate in the circumstances:

                     (a)  where there is reasonable cause to believe that data relevant to the security matter may be accessible by using a computer or other electronic equipment found on the subject premises—using the computer or other electronic equipment for the purpose of obtaining access to any such data and, if necessary to achieve that purpose, adding, deleting or altering other data in the computer or other electronic equipment;

                     (b)  using the computer or other electronic equipment to do any of the following:

                              (i)  inspecting and examining any data to which access has been obtained;

                             (ii)  converting any data to which access has been obtained, that appears to be relevant to the collection of intelligence by the Organisation in accordance with this Act, into documentary form and removing any such document;

                            (iii)  copying any data to which access has been obtained, that appears to be relevant to the collection of intelligence by the Organisation in accordance with this Act, to a storage device and removing the storage device;

                     (c)  any thing reasonably necessary to conceal the fact that any thing has been done under the warrant;

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

Certain acts not authorised

             (6)  Subsection (5) does not authorise the addition, deletion or alteration of data, or the doing of any thing, that interferes with, interrupts or obstructs the lawful use of the computer or other electronic equipment by other persons, or that causes any loss or damage to other persons lawfully using the computer or other electronic equipment.

Authorisation of entry measures

             (7)  The warrant must:

                     (a)  authorise the use of any force that is necessary and reasonable to do the things specified in the warrant; and

                     (b)  state whether entry is authorised to be made at any time of the day or night or during stated hours of the day or night.

Statement about warrant coming into force

             (8)  The warrant may state that it comes into force on a specified day (after the day of issue) or when a specified event happens. The day must not begin nor the event happen more than 28 days after the end of the day on which the warrant is issued.

When warrant comes into force

             (9)  If the warrant includes such a statement, it comes into force at the beginning of the specified day or when the specified event happens. Otherwise, it comes into force when it is issued.

Duration of warrant

           (10)  The warrant must specify the period during which it is to be in force. The period must not be more than 28 days, although the Minister may revoke the warrant before the period has expired.

Issue of further warrants not prevented

           (11)  Subsection (10) does not prevent the issue of any further warrant.

25A   Computer access warrant

Issue of computer access warrant

             (1)  If the Director-General requests the Minister to do so, and the Minister is satisfied as mentioned in subsection (2), the Minister may issue a warrant in accordance with this section.

Test for issue of warrant

             (2)  The Minister is only to issue the warrant if he or she is satisfied that there are reasonable grounds for believing that access by the Organisation to data held in a particular computer (the target computer ) will substantially assist the collection of intelligence in accordance with this Act in respect of a matter (the security matter )that is important in relation to security.

Authorisation in warrant

             (3)  The warrant must be signed by the Minister and must authorise the Organisation to do specified things, subject to any restrictions or conditions specified in the warrant, in relation to the target computer, which must also be specified in the warrant.

Things that may be authorised in warrant

             (4)  The things that may be specified are any of the following that the Minister considers appropriate in the circumstances:

                     (a)  using:

                              (i)  a computer; or

                             (ii)  a telecommunications facility operated or provided by the Commonwealth or a carrier; or

                            (iii)  any other electronic equipment;

                            for the purpose of obtaining access to data that is relevant to the security matter and is stored in the target computer and, if necessary to achieve that purpose, adding, deleting or altering other data in the target computer;

                     (b)  copying any data to which access has been obtained, that appears to be relevant to the collection of intelligence by the Organisation in accordance with this Act;

                     (c)  any thing reasonably necessary to conceal the fact that any thing has been done under the warrant;

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

Note:          As a result of the warrant, an ASIO officer who, by means of a telecommunications facility, obtains access to data stored in the target computer etc. will not commit an offence under section 76D or 76E of the Crimes Act 1914 or equivalent State or Territory laws (provided that the ASIO officer acts within the authority of the warrant).

Certain acts not authorised

             (5)  Subsection (4) does not authorise the addition, deletion or alteration of data, or the doing of any thing, that interferes with, interrupts or obstructs the lawful use of the target computer by other persons, or that causes any loss or damage to other persons lawfully using the target computer.

Duration of warrant

             (6)  The warrant must specify the period during which it is to remain in force. The period must not be more than 6 months, although the Minister may revoke the warrant before the period has expired.

Issue of further warrants not prevented

             (7)  Subsection (6) does not prevent the issue of any further warrant.

17  Subsection 26(3)

Omit “under his or her hand”, substitute “signed by the Minister”.

18  Subsection 26(3)

Omit “maintaining, using or recovering”, substitute “maintaining or using”.

19  Subsection 26(4)

Omit “under his or her hand”, substitute “signed by the Minister”.

20  Subsection 26(4)

Omit “maintaining, using or recovering”, substitute “maintaining or using”.

21  Subsection 26(5)

Repeal the subsection, substitute:

             (5)  The warrant must:

                     (a)  authorise the use of any force that is necessary and reasonable to do the things mentioned in subsections (3) and (4); and

                     (b)  state whether entry is authorised to be made at any time of the day or night or during stated hours of the day or night.

22  After subsection 26(6)

Insert:

          (6A)  If a listening device is installed in accordance with the warrant, the Organisation is authorised to do any of the following:

                     (a)  enter any premises for the purpose of recovering the listening device;

                     (b)  recover the listening device;

                     (c)  use any force that is necessary and reasonable to do either of the above;

at the following time:

                     (d)  at any time while the warrant is in force or within 28 days after it ceases to be in force;

                     (e)  if the listening device is not recovered at a time mentioned in paragraph (d)—at the earliest time, after the 28 days mentioned in that paragraph, at which it is reasonably practicable to do the things concerned.

23  After section 26

Insert:

26A   Unlawful and lawful uses of tracking devices

Unlawful use of tracking devices

             (1)  Subject to subsection (2), it is unlawful for an officer, employee or agent of the Organisation to use a tracking device for the purpose of tracking a person or an object. It is the duty of the Director-General to take all reasonable steps to ensure that this subsection is not contravened.

Note:          Tracking device , track and object are defined in subsection (3).

Lawful use of tracking device

             (2)  Despite any law of a State or Territory, an officer, employee or agent of the Organisation does not act unlawfully, by using, for the purposes of the Organisation, a tracking device for the purpose of tracking a person or an object if:

                     (a)  the person, or the person using the object, consents to it being done; or

                     (b)  the officer, employee or agent of the Organisation does so in accordance with a warrant issued under section 26B or 26C.

Definitions

             (3)  In this section:

apply includes attach to or place on or in.

object means:

                     (a)  a vehicle, aircraft, vessel or other means of transportation; or

                     (b)  clothing or any other thing worn; or

                     (c)  any other thing.

track an object or person means be aware of the movement of the object or person from place to place.

tracking device means a device or substance that, when applied to an object, enables a person to track the object or a person using or wearing the object.

26B   Tracking device warrants relating to persons

Issue of warrant

             (1)  If the Director-General requests the Minister to do so, and the Minister is satisfied as mentioned in subsection (2), the Minister may issue a warrant in accordance with this section.

Test for issue of warrant

             (2)  The Minister is only to issue the warrant if he or she is satisfied that:

                     (a)  a person (the subject ) is engaged in, or reasonably suspected by the Director-General of being engaged in or of being likely to engage in, activities prejudicial to security; and

                     (b)  the use by the Organisation of a tracking device applied to any object (a target object ) used or worn, or likely to be used or worn, by the subject to enable the Organisation to track the subject will, or is likely to, assist the Organisation in carrying out its function of obtaining intelligence relevant to security.

Note:          Tracking device , track , object and apply are defined in subsection 26A(3).

Authorisation in warrant

             (3)  The warrant:

                     (a)  must be signed by the Minister; and

                     (b)  must authorise the Organisation, subject to any restrictions or conditions specified in the warrant, to use a tracking device applied to a target object for the purpose of tracking the subject, who must be specified in the warrant; and

                     (c)  may authorise the Organisation to:

                              (i)  enter any premises in which a target object is or is likely to be found, for the purpose of applying a tracking device to the target object, or using or maintaining a tracking device so applied; and

                             (ii)  enter or alter a target object, for the purpose of applying, using or maintaining a tracking device; and

                            (iii)  apply a tracking device to a target object; and

                            (iv)  maintain a tracking device applied to a target object; and

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

Authorisation of entry measures

             (4)  The warrant must:

                     (a)  authorise the use of any force that is necessary and reasonable to do the things specified in the warrant; and

                     (b)  state whether entry is authorised to be made at any time of the day or night or during stated hours of the day or night.

Duration of warrant

             (5)  The warrant must specify the period during which it is to remain in force. The period must not be more than 6 months, although the Minister may revoke the warrant before the period has expired.

Issue of further warrants not prevented

             (6)  Subsection (5) does not prevent the issue of any further warrant.

Tracking device may be recovered

             (7)  If a tracking device is applied to a target object in accordance with the warrant, the Organisation is authorised to do any of the following:

                     (a)  enter any premises in which the target object is or is likely to be found, for the purpose of recovering the tracking device;

                     (b)  enter or alter the target object for the purpose of recovering the tracking device;

                     (c)  recover the tracking device;

                     (d)  use any force that is necessary and reasonable to do any of the above;

at the following time:

                     (e)  at any time while the warrant is in force or within 28 days after it ceases to be in force;

                      (f)  if the tracking device is not recovered at a time mentioned in paragraph (e)—at the earliest time, after the 28 days mentioned in that paragraph, at which it is reasonably practicable to do the things concerned.

Interpretation

             (8)  Expressions used in this section that are also used in section 26A have the same meanings as in that section.

26C   Tracking device warrants relating to objects

Issue of warrant

             (1)  If the Director-General requests the Minister to do so, and the Minister is satisfied as mentioned in subsection (2), the Minister may issue a warrant in accordance with this section.

Test for issue of warrant

             (2)  The Minister is only to issue the warrant if he or she is satisfied that:

                     (a)  an object (the target object )is used or worn, or likely to be used or worn by a person (whether or not his or her identity is known) engaged in or reasonably suspected by the Director-General of being engaged in or of being likely to engage in, activities prejudicial to security; and

                     (b)  the use by the Organisation of a tracking device applied to the target object to enable the Organisation to track the target object will, or is likely to, assist the Organisation in carrying out its function of obtaining intelligence relevant to security.

Note:          Tracking device , track , object and apply are defined in subsection 26A(3).

Authorisation in warrant

             (3)  The warrant:

                     (a)  must be signed by the Minister; and

                     (b)  must authorise the Organisation, subject to any restrictions or conditions specified in the warrant, to use a tracking device applied to the target object for the purpose of tracking the target object which must be specified in the warrant; and

                     (c)  may authorise the Organisation to:

                              (i)  enter any premises specified in the warrant in which the target object is, or is likely to be, found, for the purpose of applying a tracking device to the target object, or maintaining or using a tracking device so applied; and

                             (ii)  enter or alter the target object, for the purpose of applying, maintaining or using a tracking device; and

                            (iii)  apply a tracking device to the target object; and

                            (iv)  maintain a tracking device applied to the target object; and

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

Authorisation of entry measures

             (4)  The warrant must:

                     (a)  authorise the use of any force that is necessary and reasonable to do the things specified in the warrant; and

                     (b)  state whether entry is authorised to be made at any time of the day or night or during stated hours of the day or night.

Duration of warrant

             (5)  The warrant must specify the period during which it is to remain in force. The period must not be more than 6 months, although the Minister may revoke the warrant before the period has expired.

Issue of further warrants not prevented

             (6)  Subsection (5) does not prevent the issue of any further warrant.

Tracking device may be recovered

             (7)  If a tracking device is applied to a target object in accordance with the warrant, the Organisation is authorised to do any of the following:

                     (a)  enter any premises in which the target object is or is likely to be found, for the purpose of recovering the tracking device;

                     (b)  enter or alter the target object for the purpose of recovering the tracking device;

                     (c)  recover the tracking device;

                     (d)  use any force that is necessary and reasonable to do any of the above;

at the following time:

                     (e)  at any time while the warrant is in force or within 28 days after it ceases to be in force;

                      (f)  if the tracking device is not recovered at a time mentioned in paragraph (e)—at the earliest time, after the 28 days mentioned in that paragraph, at which it is reasonably practicable to do the things concerned.

Interpretation

             (8)  Expressions used in this section that are also used in section 26A have the same meanings as in that section.

24  After section 27

Insert:

27AA   Inspection of delivery service articles

Unlawful access to delivery service articles

             (1)  It is unlawful for:

                     (a)  an officer, employee or agent of the Organisation, for the purposes of the Organisation, to seek from a delivery service provider or from an employee or agent of a delivery service provider; or

                     (b)  a delivery service provider or an employee or agent of a delivery service provider to give an officer, employee or agent of the Organisation, for the purposes of the Organisation;

access to:

                     (c)  an article that is being delivered by the delivery service provider; or

                     (d)  information concerning the contents or cover of any such article;

except in accordance with, or for the purposes of, a warrant under this Division. It is the duty of the Director-General to take all reasonable steps to ensure that this subsection is not contravened.

Note:          Delivery service provider , agent and article are defined in subsection (12).

Issue of delivery services warrant

             (2)  If the Director-General requests the Minister to do so, and the Minister is satisfied as mentioned in subsection (3) or (6), the Minister may issue a warrant in accordance with this section.

Test 1 for issue of warrant

             (3)  The Minister may issue a warrant if he or she is satisfied that:

                     (a)  a person (the subject )is engaged in or is reasonably suspected by the Director-General of being engaged in, or of being likely to engage in, activities prejudicial to security; and

                     (b)  access by the Organisation to articles sent by or on behalf of, addressed to or intended to be received by, the subject while the articles are being delivered by a delivery service provider, will, or is likely to, assist the Organisation in carrying out its function of obtaining intelligence relevant to security.

Authorisation in warrant

             (4)  The warrant must be signed by the Minister and must authorise the Organisation to do specified things, subject to any restrictions or conditions specified in the warrant, in relation to articles that:

                     (a)  are being delivered by the delivery service provider; and

                     (b)  in respect of which any of the following are satisfied:

                              (i)  the articles have been sent by or on behalf of the subject , who must be specified in the warrant, or addressed to the subject; or

                             (ii)  the articles are reasonably suspected, by a person authorised to exercise the authority of the Organisation under the warrant, of having been so sent or addressed; or

                            (iii)  the articles are intended to be received by the subject, who must be specified in the warrant, or are reasonably suspected, by a person authorised to exercise the authority of the Organisation under the warrant, of being intended to be received by the subject.

Things that may be specified for a warrant issued under subsection (3)

             (5)  The things that may be specified are any of the following that the Minister considers appropriate in the circumstances:

                     (a)  inspecting or making copies of the articles or the covers of the articles;

                     (b)  opening the articles;

                     (c)  inspecting and making copies of the contents of the articles;

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

Test 2 for issue of warrant

             (6)  The Minister may issue a warrant if he or she is satisfied that:

                     (a)  some or all of the articles that are being, or are likely to be, sent by a delivery service provider to an address (the subject address ) are, or will be intended to be, received by a person (the subject ) (whether of known identity or not) engaged in, or reasonably suspected by the Director-General of being engaged in, or of being likely to engage in, activities prejudicial to security; and

                     (b)  access by the Organisation to articles sent to, or intended to be received by, the subject while the articles are being delivered by a delivery service provider will, or is likely to, assist the Organisation in carrying out its function of obtaining intelligence relevant to security.

Authorisation in warrant

             (7)  The warrant must be signed by the Minister and must authorise the Organisation to do specified things, subject to any restrictions or conditions specified in the warrant, in relation to articles that:

                     (a)  are being delivered by the delivery service provider; and

                     (b)  are addressed to the subject address , which must be specified in the warrant; and

                     (c)  appear on their face to be, or are reasonably suspected by a person authorised to exercise the authority of the Organisation under the warrant to be, intended to be received by the subject.

Things that may be specified for warrant issued under subsection (6)

             (8)  The things that may be specified are any of the following that the Minister considers appropriate in the circumstances:

                     (a)  inspecting or making copies of any of the articles or the covers of the articles;

                     (b)  opening any of the articles;

                     (c)  inspecting and making copies of the contents of any of the articles;

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

Duration of warrant

             (9)  A warrant issued under this section must specify the period during which it is to remain in force. The period must not be more than 90 days, although the Minister may revoke the warrant before the period has expired.

Issue of further warrants not prevented

           (10)  Subsection (9) does not prevent the issue of any further warrant.

Definitions

           (11)  To avoid doubt, the expression deliver an article includes any thing done by the deliverer, for the purpose of delivering the article, from the time when the article is given to the deliverer by the sender until it is given by the deliverer to the recipient.

           (12)  In this section:

agent , in relation to a delivery service provider, includes:

                     (a)  any person performing services for the delivery service provider otherwise than under a contract of service; and

                     (b)  an employee of the person mentioned in paragraph (a).

article means any object reasonably capable of being sent through the post.

delivery service provider means a person whose business is or includes delivering articles.

25  Paragraph 27A(1)(a)

Omit “or a person”, substitute “, a person, a computer or a thing”.

26  Paragraph 27A(1)(a)

Omit “25(1), 26(3) or (4) or 27(2) or (3)”, substitute “25(4) or (5), 25A(4), 26(3) or (4), 26B(3), 26C(3), 27(2) or (3) or 27AA(5) or (8)”.

27  Subsection 27A(1)

Omit “or that person”, substitute “, that person, that computer or those things”.

28  Subsection 27A(2)

Repeal the subsection, substitute:

             (2)  The warrant must:

                     (a)  authorise the use of any force that is necessary and reasonable to do the things mentioned in subsection (1); and

                     (b)  state whether entry is authorised to be made at any time of the day or night or during stated hours of the day or night.

29  Paragraph 27A(3)(a)

Omit “25(1)—7 days”, substitute “25(4) or (5)—28 days”.

30  Paragraph 27A(3)(b)

Omit “26(3) or (4)”, substitute “25A(4), 26(3) or (4), 26B(3) or 26C(3)”.

31  Paragraph 27A(3)(c)

After “27(2) or (3)”, insert “or 27AA(5) or (8)”.

32  After subsection 27A(3)

Insert:

          (3A)  If a listening device is installed in accordance with a warrant under this section authorising the doing of acts referred to in subsection 26(3) or (4), the Organisation is authorised to do any of the following:

                     (a)  enter any premises for the purpose of recovering the listening device;

                     (b)  recover the listening device;

                     (c)  use any force that is necessary and reasonable to do either of the above;

at the following time:

                     (d)  at any time while the warrant is in force or within 28 days after it ceases to be in force;

                     (e)  if the listening device is not recovered at a time mentioned in paragraph (d)—at the earliest time, after the 28 days mentioned in that paragraph, at which it is reasonably practicable to do the things concerned.

          (3B)  If a tracking device is applied to a target object in accordance with a warrant under this section authorising the doing of acts referred to in subsection 26B(3) or 26C(3), the Organisation is authorised to do any of the following:

                     (a)  enter any premises in which the target object is or is likely to be found, for the purpose of recovering the tracking device;

                     (b)  enter or alter the target object for the purpose of recovering the tracking device;

                     (c)  recover the tracking device;

                     (d)  use any force that is necessary and reasonable to do any of the above;

at the following time:

                     (e)  at any time while the warrant is in force or within 28 days after it ceases to be in force;

                      (f)  if the tracking device is not recovered at a time mentioned in paragraph (e)—at the earliest time, after the 28 days mentioned in that paragraph, at which it is reasonably practicable to do the things concerned.

33  After section 27A

Insert:

27B   Performance of other functions under paragraph 17(1)(e)

                   If:

                     (a)  the Director-General gives a notice in writing to the Minister requesting the Minister to authorise the Organisation to obtain foreign intelligence in relation to a matter specified in the notice; and

                     (b)  the Minister 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 Minister may, by writing signed by the Minister, authorise the Organisation to obtain the intelligence in relation to the matter.

34  Paragraph 29(1)(a)

Omit “section 26”, substitute “section 25, 25A, 26, 26B, 26C, 27 or 27AA”.

35  Subsection 29(1)

Omit “under his or her hand”, substitute “signed by the Director-General”.

36  Section 30

After “device”, insert “or tracking device”.

37  Section 35

Insert:

year 2000 Games matters means any matters relating to the organisation or conduct of any sporting or other event, any ceremony, any meeting or any other activity, held or proposed to be held (whether or not in Sydney), as part of or in connection with the Games of the XXVII Olympiad in Sydney in the year 2000 or the Games of the XIth Paralympiad in Sydney in the year 2000.

38  Paragraph 36(1)(b)

Omit “subsection 56(1)”, substitute “subsection 202(1)”.

39  Subsection 38(1)

Omit “, the Commonwealth agency”, substitute “or a State or an authority of a State, the Commonwealth agency, the State or the authority of the State”.

40  Subsection 38(2)

Omit “under his or her hand”, substitute “signed by the Attorney-General”.

41  Subsection 40(1)

Repeal the subsection, substitute:

             (1)  If any prescribed administrative action in respect of a person by a State or an authority of a State would affect security in connection with matters within the functions and responsibilities of a Commonwealth agency, it is within the functions of the Organisation:

                     (a)  in any case—to furnish a security assessment in respect of that person to the Commonwealth agency, for the purpose of its transmission to the State or the authority of the State for use in considering that prescribed administrative action; or

                     (b)  if the prescribed administrative action would affect security in connection with year 2000 Games matters (see section 35)—to furnish, before the end of 31 December 2000, a security assessment in respect of that person to the State or the authority of a State for use in considering that prescribed administrative action.

42  Paragraph 40(2)(a)

Before “communicate”, insert “subject to paragraph (1)(b),”.

43  After subsection 90(2)

Insert:

          (2A)  The regulations may make provision for the establishment of a body, or for a person, to review actions of the Organisation affecting persons who are or have been officers or temporary or casual employees, and for the immunity from civil proceedings of any such body or person in relation to their review of such actions.



 

Part 2 Application and transitional provisions

44  Application of amendments relating to warrants issued after commencement of this item

The amendments relating to warrants made by this Schedule apply to any warrant issued after the commencement of this item where the request by the Director-General for the issue of the warrant is also made after the commencement of this item.

45  Transitional provisions relating to Acting Director-General appointed before commencement of this item

(1)       If, when this item commences, a person is acting as Director-General under an instrument of appointment made by the Governor-General before this item commenced, the person continues to act in accordance with that instrument in spite of amendments made by this Schedule. However, the instrument ceases to have effect when the person ceases to act.

(2)       In no other circumstance does an instrument of appointment made before the commencement of this Schedule have affect after the Schedule commences.