Document ID: chunk:federal_register_of_legislation:C2024C00797:section:9:p3
Version: federal_register_of_legislation:C2024C00797
Segment Type: section
Provision Reference: s 9 (pt 3/4)
Character Range: 42505–45294

are, or are likely to be, a threat to security; or
 (ii) involved with a listed terrorist organisation; and
 (b) give his or her agreement in relation to any Australian person in that specified class.
 (1AB) An agreement given in accordance with subsection (1AA) may:
 (a) relate to an authorisation for an activity, or a series of activities, of a kind mentioned in subparagraph 8(1)(a)(i), (iaa), (ia), (ib) or (ii); and
 (b) specify the period during which the agreement has effect.
 (1AC) If an agreement relating to a specified class of Australian persons specifies a period in accordance with paragraph (1AB)(b), the agreement of the Attorney‑General is, for authorisations to be given after the period ends, taken not to have been obtained in relation to a person in that class.
Note: The agreement of the Attorney‑General would need to be obtained again in relation to such a person.

Content and form of authorisation
 (2) The Minister may give an authorisation in relation to:
 (a) an activity, or class of activities, specified in the authorisation; or
 (b) acts of a staff member or agent, or a class of staff members or agents, specified (whether by name or otherwise) in the authorisation; or
 (c) activities done for a particular purpose connected with the agency's functions.
 (3) An authorisation is subject to any conditions specified in it.
 (4) An authorisation must specify how long it will have effect. The period of effect specified in an authorisation for an activity, or a series of activities, of a kind mentioned in subparagraph 8(1)(a)(i), (iaa), (ia), (ib), (ii) or (iii) must not exceed 6 months.
 (4A) An authorisation must be in writing.

Requirement to keep copies
 (5) If a Minister gives an authorisation under this section in relation to an agency, the relevant agency head must ensure that copies of the following are kept by the agency and are available for inspection on request by the Inspector‑General of Intelligence and Security:
 (a) the authorisation;
 (b) any record or copy of an agreement given under subsection (1AAC) or (1AAD) (including any agreement given in accordance with subsection (1AA));
 (c) if the authorisation is for an activity, or a series of activities, of a kind mentioned in subparagraph 8(1)(a)(ia) or (ib)—the request from the Defence Minister referred to in paragraph (1)(d) of this section.

Status of instruments
 (6) A request under paragraph (1)(d), an agreement under subsection (1AAC) or (1AAD) (if in writing), a request under subsection (5) (if in writing), and an authorisation under this section, are not legislative instruments.

Definitions
 (7) In this section:
security has the same meaning as in the Australian Security Intelligence Organisation Act 1979.
UN sanction enforcement law has the same meaning