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COMMONWEALTHAct
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s 26D

Use etc. of optical surveillance device without warrant

In force
Part IIIFunctions and powers of Organisation
Division 2Special powers
Subdivision DUse of surveillance devices

26D Use etc. of optical surveillance device without warrant

Either of the following:

(a)

an ASIO employee acting in the course of the ASIO employee’s duties;

(b)

an ASIO affiliate acting in accordance with the contract, agreement or other arrangement under which the ASIO affiliate is performing functions or services for the Organisation;

may install, use or maintain an optical surveillance device without warrant if the installation, use or maintenance of the device does not involve:

(c)

entering premises without permission from the owner or occupier of the premises; or

(d)

interference with any vehicle or thing without permission of the person having lawful possession or control of the vehicle or thing.

Note:

This section does not apply to an ASIO affiliate specified in a determination under subsection 26F(1).

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