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s 29

Issue of certain warrants by Director‑General in emergency

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Part IIIFunctions and powers of Organisation
Division 2Special powers
Subdivision HGeneral provisions relating to warrants and authorisations

29 Issue of certain warrants by Director‑General in emergency

(1)

Where:

(a)

the Director‑General has forwarded or made a request to the Attorney‑General for the issue of a warrant under section 25, 25A, 26, 26R, 27 or 27AA;

(b)

the Attorney‑General has not, to the knowledge of the Director‑General, issued, or refused to issue, a warrant as a result of the request and has not, within the preceding period of 3 months, refused to issue a substantially similar warrant;

(c)

the Director‑General has not, within the preceding period of 3 months, issued a substantially similar warrant; and

(d)

the Director‑General is satisfied:

(i)

that the facts of the case would justify the issue of a warrant by the Attorney‑General; and

(ii)

that, if the action to be authorized by the warrant does not commence before a warrant can be issued and made available by the Attorney‑General, security will be, or is likely to be, seriously prejudiced;

the Director‑General may issue a warrant signed by the Director‑General of the kind that could be issued by the Attorney‑General in pursuance of the request.

(2)

A warrant under this section shall specify the period for which it is to remain in force, being a period that does not exceed 48 hours, but may be revoked by the Attorney‑General at any time before the expiration of the period so specified.

(3)

Where the Director‑General issues a warrant under this section, the Director‑General shall forthwith furnish to the Attorney‑General:

(a)

a copy of the warrant; and

(b)

a statement of the grounds on which the Director‑General is satisfied as to the matter referred to in subparagraph (1)(d)(ii).

(4)

The Director‑General must, within 3 working days after issuing a warrant under this section, give a copy of the warrant to the Inspector‑General of Intelligence and Security.

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Section 29 — Issue of certain warrants by Director‑General in emergency — Australian Security Intelligence Organisation Act 1979 (Commonwealth) — Barrister AI