133Director-General may urgently grant CIO authorities22

133 Director-General may urgently grant CIO authorities22 Director-General may grant CIO authority23 (1) If a senior position holder requests an authority to conduct a24 controlled intelligence operation, the Director-General may25 authorise the controlled intelligence operation by granting the26 authority if:27 (a) the Director-General is satisfied that there are reasonable28 grounds for believing that the matters in subsection (2) exist;29 and30

No. , 2026 Australian Criminal Intelligence Commission Bill 2026 141 (b) the Director-General is satisfied that any delay that may be1 caused by requesting the Attorney-General to grant the2 authority would be likely to affect the success of the3 controlled intelligence operation (if the authority were to be4 granted).5 Note 1: For requirements relating to granting a CIO authority, see section 137.6 Note 2: The Attorney-General must decide to affirm, vary or cancel the CIO7 authority: see subsection 135(1).8 Note 3: A CIO authority granted under this section must initially cease to be in9 force before the end of the period of 7 days beginning on the day after10 the day the authority comes into force: see paragraph 138(1)(e).11 However, the Attorney-General may vary the CIO authority so that12 the authority ceases to be in force before the end of the period of 1213 months beginning on the day after the day the authority comes into14 force: see subsection 131(4).15 (2) The matters are as follows:16 (a) the controlled intelligence operation will assist the ACIC in17 the performance of the function set out in paragraph 24(a);18 (b) the circumstances justify the conduct of a controlled19 intelligence operation;20 (c) any unlawful conduct involved in conducting the controlled21 intelligence operation will be limited to the maximum extent22 consistent with conducting an effective controlled23 intelligence operation;24 (d) the controlled intelligence operation will not be conducted in25 such a way that a person is likely to be induced to commit an26 offence against a law of the Commonwealth, a State or a27 Territory that the person would not otherwise have intended28 to commit;29 (e) any unlawful conduct of participants in the controlled30 intelligence operation will not:31 (i) seriously endanger the health or safety of any person; or32 (ii) cause the death of, or serious injury to, any person; or33 (iii) involve the commission of a sexual offence against any34 person; or35 (iv) result in significant loss of, or serious damage to,36 property;37