Document ID: chunk:federal_register_of_legislation:C2024C00797:section:9d:p1
Version: federal_register_of_legislation:C2024C00797
Segment Type: section
Provision Reference: s 9D (pt 1/3)
Character Range: 54605–57371

9D  Authorisations in an emergency—imminent risk to safety of an Australian person

When this section applies
 (1) This section applies if an agency head is satisfied that:
 (a) there is, or is likely to be, an imminent risk to the safety of an Australian person who is outside Australia; and
 (b) it is necessary or desirable to undertake an activity, or a series of activities, for the specific purpose, or for purposes which include the specific purpose, of producing intelligence on the person; and
 (c) it is not reasonably practicable to obtain the person's consent to the agency producing that intelligence; and
 (d) having regard to the nature and gravity of the risk, it is reasonable to believe that the person would consent to the agency producing that intelligence if the person were able to do so.

Authorisation
 (2) The agency head may, orally or in writing, give an authorisation under this section for the activity, or series of activities, if the agency head is satisfied that:
 (a) the facts of the case would justify the responsible Minister giving an authorisation under section 9 because the agency head is satisfied that the conditions in subsections 9(1) and (1A) are met; and
 (b) the responsible Minister would have given the authorisation.

Conditions on authorisation
 (3) The authorisation is subject to any conditions specified by the agency head.

Agreement of the Attorney‑General not required
 (3A) Subsection 9(1AAC) does not apply in relation to the authorisation.

Agency head to record and notify
 (4) As soon as practicable after giving the authorisation (but no later than 8 hours after the authorisation is given) the agency head must, orally or in writing, notify the responsible Minister of the authorisation.
 (5) As soon as practicable after giving the authorisation (but no later than 48 hours after the authorisation is given) the agency head must:
 (a) if the authorisation is given orally—ensure that the authorisation is recorded in writing; and
 (b) ensure that a summary of the facts of the case that the agency head was satisfied justified giving the authorisation is recorded in writing; and
 (c) give to the responsible Minister:
 (i) a copy of the authorisation; and
 (ii) a summary of the facts of the case that the agency head was satisfied justified giving the authorisation; and
 (iii) an explanation of the Minister's obligation under subsection (6); and
 (d) give to the Inspector‑General of Intelligence and Security the documents referred to in subparagraphs (c)(i) and (ii); and
 (e) if the Australian person is, or is likely to be, involved in an activity or activities that are, or are likely to be, a threat to security—give to the Attorney‑General and the Minister responsible for administering the