31AAttorney‑General may authorise interception for developing and testing interception capabilities

#### 31A Attorney‑General may authorise interception for developing and testing interception capabilities (1) Upon receiving the request, the Attorney‑General may authorise interception of communications passing over a telecommunications system: (a) if one or more carriers are specified in the request for the purposes of paragraph 31(1)(a)—by: (i) employees of the security authority authorised under section 31B; and (ii) employees of those carriers; or (b) if no carriers are specified in the request for the purposes of paragraph 31(1)(a)—by employees of the security authority authorised under section 31B. (2) The authorisation is subject to: (a) a condition prohibiting: (i) interception of communications passing over a telecommunications system except for the purposes of development or testing of technologies, or interception capabilities; or (ii) communicating, using or recording such communications except for such purposes; and (b) any other conditions specified in the authorisation. (3) The authorisation must be in writing and must specify the period (not exceeding 6 months) for which it will have effect. (4) The head (however described) of the security authority, or a person acting as that head, must ensure that a copy of the authorisation is kept by the authority and is available for inspection on request by the Minister who is responsible for the authority. (4A) If paragraph (1)(a) applies to the authorisation, this Part does not require that an authorised interception must involve: (a) one or more employees of the security authority referred to in that paragraph; and (b) one or more employees of a carrier referred to in that paragraph; acting together or in the presence of each other. (4B) To avoid doubt, subparagraph (2)(a)(ii) has the effect that lawfully intercepted information obtained under the authorisation may be communicated, used or recorded for the purposes of development or testing of technologies, or interception capabilities. (4C) The reference in subsection (1) and subparagraph (2)(a)(i) to interception of communications passing over a telecommunications system includes a reference to the accessing of the communications as stored communications after they have ceased to pass over a telecommunications system. (5) An authorisation given under subsection (1) is not a legislative instrument.