146Australian Criminal Intelligence Commission Bill 2026 No. , 2026

146 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 Failure to comply does not affect validity1 (4) A failure to comply with subsection (1) or (2) in relation to a CIO2 authority or a variation of a CIO authority does not affect the3 validity of the CIO authority or variation.4 No. , 2026 Australian Criminal Intelligence Commission Bill 2026 147 Division 4—General provisions relating to CIO authorities1 136 Making requests to grant or vary CIO authorities2 (1) A request to grant a CIO authority or vary a CIO authority:3 (a) unless paragraph (b) applies—must be in writing and be4 signed by the person making the request; or5 (b) if the person making the request considers it necessary to6 make the request orally because the delay caused by making7 a written request may affect the success of the controlled8 intelligence operation concerned (if the authority were to be9 so granted or varied)—may be made orally.10 Note 1: A request to grant a CIO authority operation may be made by the11 Director-General (see section 129) or a senior position holder (see12 section 132).13 Note 2: A request to vary a CIO authority may be made by the14 Director-General (see section 131) or a senior position holder (see15 section 134).16 (2) If a request mentioned in subsection (1) is made orally, the person17 making the request must:18 (a) provide all information required to be provided in a written19 request; and20 (b) as soon as practicable, forward a written record of the request21 to:22 (i) if the request is made by the Director-General under23 section 129 or 131—the Attorney-General; or24 (ii) if the request is made by a senior position holder under25 section 132 or 134—the Director-General.26 (3) To avoid doubt, nothing in this Part prevents a request for a CIO27 authority being made in respect of a controlled intelligence28 operation that has been the subject of a previous request.29 Division 4 General provisions relating to CIO authorities 148 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 137 Granting or varying CIO authorities1 Authority may be subject to conditions2 (1) A CIO authority may be granted unconditionally or subject to3 conditions.4 Manner of granting5 (2) A CIO authority:6 (b) unless paragraph (b) applies—must be granted in writing and7 be signed by the person granting the authority; or8 (b) if the person granting the authority considers it necessary to9 grant the authority orally because the delay caused by10 making a written authority may affect the success of the11 controlled intelligence operation concerned—may be granted12 orally.13 Note: A CIO authority may be granted by the Attorney-General (see section14 130), or the Director-General (see section 133).15 (3) If a CIO authority is granted orally:16 (a) a written record of the CIO authority must be made as soon17 as practicable after the authority is granted; and18 (b) subsection 138(1) applies to the written record in the same19 way as that subsection applies to a CIO authority.20 More than one authority may be granted21 (4) To avoid doubt, nothing in this Part prevents a CIO authority being22 granted in respect of a controlled intelligence operation that has23 been the subject of a previous CIO authority.24 Manner of variation25 (5) A variation of a CIO authority:26 (a) unless paragraph (b) applies—must be in writing and be27 signed by the person making the variation; or28 (b) if the person making the variation considers it necessary to29 vary the authority orally because the delay caused by making30 No. , 2026 Australian Criminal Intelligence Commission Bill 2026 149 a written variation may affect the success of the controlled1 intelligence operation concerned—may be made orally.2 Note: A CIO authority may be varied by the Attorney-General (see section3 131), or the Director-General (see section 134).4 (6) If a CIO authority is varied orally, a written record of the variation5 must be made as soon as practicable after the authority is varied.6 Authority may be varied more than once7 (7) A CIO authority may be varied more than once under section 1318 or section 134.9 Documents etc. not legislative instruments10 (8) The following are not legislative instruments:11 (a) a written CIO authority;12 (b) a written variation of a CIO authority;13 (c) a written record of a CIO authority;14 (d) a written record of a variation of a CIO authority.15 138 Content and duration of CIO authorities16 (1) An authority to conduct a controlled intelligence operation must:17 (a) state how the controlled intelligence operation will assist the18 ACIC in the performance of the function set out in paragraph19 24(a); and20 (b) identify the persons authorised to engage in controlled21 conduct for the purposes of the controlled intelligence22 operation; and23 (c) describe the nature of the controlled conduct that the persons24 referred to in paragraph (b) may engage in; and25 (d) specify when the authority comes into force (see subsection26 139(1)); and27 (e) specify when the authority ceases to be in force, which must28 be before the end of the period of:29 (i) if the authority is granted under section 130—12 months30 after the day the authority comes into force; or31 Division 4 General provisions relating to CIO authorities