35CGranting of special intelligence operation authorities

35C Granting of special intelligence operation authorities

(1) If: (a) an application for an authority to conduct a special intelligence operation is made under section 35B; and (b) the Attorney‑General is satisfied that there are reasonable grounds on which to believe that the matters in subsection (2) exist; the Attorney‑General may authorise the special intelligence operation by granting the authority. (2) The matters are as follows: (a) the special intelligence operation will assist the Organisation in the performance of one or more special intelligence functions; (b) the circumstances are such as to justify the conduct of a special intelligence operation; (c) any unlawful conduct involved in conducting the special intelligence operation will be limited to the maximum extent consistent with conducting an effective special intelligence operation; (d) the special intelligence operation will not be conducted in such a way that a person is likely to be induced to commit an offence against a law of the Commonwealth, a State or a Territory that the person would not otherwise have intended to commit; (e) any conduct involved in the special intelligence operation will not: (i) cause the death of, or serious injury to, any person; or (ia) constitute torture; or (ii) involve the commission of a sexual offence against any person; or (iii) result in significant loss of, or serious damage to, property. (3) A special intelligence operation authority may be granted unconditionally or subject to conditions. (4) A special intelligence operation authority may be granted: (a) by means of a written document signed by the Attorney‑General; or (b) if the Attorney‑General is satisfied there are reasonable grounds on which to believe that the delay caused by giving a written authority may be prejudicial to security—orally in person, or by telephone or other means of communication. (5) If a special intelligence operation authority is granted in accordance with paragraph (4)(b), a written record of the special intelligence operation authority that complies with section 35D must be issued within 7 days. (6) To avoid doubt, nothing in this Division prevents a special intelligence operation authority being granted in respect of a special intelligence operation that has been the subject of a previous special intelligence operation authority.

Note: A special intelligence operation authority can be varied, but not so as to extend beyond 12 months—see section 35F.

(7) The following are not legislative instruments: (a) a document referred to in paragraph (4)(a); (b) a written record referred to in subsection (5).