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COMMONWEALTHAct
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s 35B

Applications for authorities to conduct special intelligence operations

In force
Part IIIFunctions and powers of Organisation
Division 4Special intelligence operations

35B Applications for authorities to conduct special intelligence operations

(1)

The Director‑General may apply to the Attorney‑General for an authority to conduct a special intelligence operation on behalf of the Organisation.

(2)

An application may be made:

(a)

in writing signed by the Director‑General; or

(b)

if the Director‑General reasonably believes that the delay caused by making a written application may be prejudicial to security—orally in person, or by telephone or other means of communication.

(3)

To avoid doubt, nothing in this Division prevents an application for a special intelligence operation authority being made in respect of a special intelligence operation that has been the subject of a previous application.

Note:

A special intelligence operation authority can be varied, but not so as to extend beyond 12 months—see section 35F.

(4)

As soon as practicable after making an application in accordance with paragraph (2)(b), the Director‑General must:

(a)

make a written record of the application; and

(b)

give a copy of it to the Attorney‑General.

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