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Australian Criminal Intelligence Commission Bill 2026
133Director-General may urgently grant CIO authorities22
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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