35MEffect of being unaware of variation or cancellation of special intelligence operation authority

35M Effect of being unaware of variation or cancellation of special intelligence operation authority

(1) If an authority to conduct a special intelligence operation is varied in a way that limits its scope, this Division continues to apply to a participant in the special intelligence operation as if the authority had not been varied in that way, for so long as the participant: (a) is unaware of the variation; and (b) is not reckless about the existence of the variation. (2) If an authority to conduct a special intelligence operation is cancelled, this Division continues to apply to a person who was a participant in the special intelligence operation immediately before the cancellation as if the authority had not been cancelled in that way, for so long as the person: (a) is unaware of the cancellation; and (b) is not reckless about the existence of the cancellation. (3) For the purposes of this section, a person is reckless about the existence of the variation or cancellation of a special intelligence operation authority if: (a) the person is aware of a substantial risk that the variation or cancellation has happened; and (b) having regard to the circumstances known to the person, it is unjustifiable to take the risk that the special intelligence operation authority has not been varied or cancelled.