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COMMONWEALTHAct
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s 26E

Use etc. of tracking device without warrant or internal authorisation

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

26E Use etc. of tracking device without warrant or internal authorisation

(1)

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 a tracking device without warrant or internal authorisation for the purposes of tracking a person if the person consents to the installation, use or maintenance.

Note:

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

(2)

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 a tracking device without warrant or internal authorisation for the purposes of tracking an object if the person using the object consents to the installation, use or maintenance.

Note:

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

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