Australian Security Intelligence Organisation Act 1979

If:

an application for an authority to conduct a special intelligence operation is made under section 35B; and

the Attorney‑General is satisfied that there are reasonable grounds on which to believe that the matters in subsection (2) exist;

The matters are as follows:

the special intelligence operation will assist the Organisation in the performance of one or more special intelligence functions;

the circumstances are such as to justify the conduct of a special intelligence operation;

any unlawful conduct involved in conducting the special intelligence operation will be limited to the maximum extent consistent with conducting an effective special intelligence operation;

the special intelligence operation will not be conducted in such a way that a person is likely to be induced to commit an offence against a law of the Commonwealth, a State or a Territory that the person would not otherwise have intended to commit;

any conduct involved in the special intelligence operation will not:

cause the death of, or serious injury to, any person; or

constitute torture; or

involve the commission of a sexual offence against any person; or

result in significant loss of, or serious damage to, property.

A special intelligence operation authority may be granted unconditionally or subject to conditions.

A special intelligence operation authority may be granted:

by means of a written document signed by the Attorney‑General; or

if the Attorney‑General is satisfied there are reasonable grounds on which to believe that the delay caused by giving a written authority may be prejudicial to security—orally in person, or by telephone or other means of communication.

If a special intelligence operation authority is granted in accordance with paragraph (4)(b), a written record of the special intelligence operation authority that complies with section 35D must be issued within 7 days.

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

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

The following are not legislative instruments:

a document referred to in paragraph (4)(a);

a written record referred to in subsection (5).