138Australian Criminal Intelligence Commission Bill 2026 No. , 2026

138 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 (a) the Director-General has, under subsection (1), requested the1 variation; or2 (b) the Attorney-General decides to do so in accordance with3 subsection 135(1) or (2).4 Note: For requirements relating to varying a CIO authority, see section 137.5 (3) For the purposes of varying the CIO authority (the relevant6 authority) under this section, subsections 130(1) and (2) apply in7 the same way to the varying of the relevant authority as they do to8 the granting of a CIO authority under that section, regardless of9 whether the relevant authority was granted under section 130 or10 133.11 (4) If a variation under this section extends, or further extends, the12 period for which a CIO authority is in force, the CIO authority as13 varied must cease to be in force before the end of the period of 1214 months beginning on the day after the day the authority comes into15 force.16 Note: The Attorney-General may vary a CIO authority granted under section17 133 so that the authority ceases to be in force before the end of 1218 months after the day the authority comes into force.19 Notification requirements20 (5) The Attorney-General must:21 (a) cause the Director-General to be informed of the variation of22 the CIO authority, or the refusal to vary the CIO authority, as23 soon as practicable after the Attorney-General varies, or24 refuses to vary, the authority; and25 (b) if the Attorney-General varies the CIO authority—cause the26 Director-General to be given a copy of:27 (i) for a CIO authority varied in writing—the variation; or28 (ii) for a CIO authority varied orally—the written record29 made in accordance with subsection 137(6);30 as soon as practicable after the variation, or record, is made;31 (c) if the Attorney-General refuses to vary the CIO authority:33 (i) make a written record of the refusal as soon as34 practicable after refusing to vary the CIO authority; and35

No. , 2026 Australian Criminal Intelligence Commission Bill 2026 139 (ii) cause the Director-General to be given a copy of the1 written record as soon as practicable after the record is2 made.3

140 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 Division 3—Urgent grant and variation of CIO authorities1 132 Senior position holder may urgently request CIO authorities2 (1) A senior position holder may request the Director-General to grant3 an authority to conduct a controlled intelligence operation if the4 senior position holder reasonably believes that any delay that may5 be caused by requesting the Attorney-General to grant the authority6 would be likely to affect the success of the controlled intelligence7 operation (if the authority were to be granted).8 Note: For requirements relating to making a request to grant a CIO9 authority, see section 136.10 (2) Before making a request under this section, the senior position11 holder must be satisfied that, having regard to the nature of any12 unlawful conduct that may be engaged in by a person that the13 controlled intelligence operation may involve, it is appropriate and14 proportionate for section 143 to apply in relation to the conduct.15 (3) In assessing appropriateness and proportionality under16 subsection (2), the senior position holder must consider:17 (a) the seriousness of the conduct mentioned in that subsection;18 and19 (b) the impact on any person of the immunity that would be20 conferred by section 143 in relation to the conduct.21