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