Document ID: chunk:federal_register_of_legislation:C2024C00841:section:27aa:p1
Version: federal_register_of_legislation:C2024C00841
Segment Type: section
Provision Reference: s 27AA (pt 1/3)
Character Range: 128597–131345

27AA  Inspection of delivery service articles

Unlawful access to delivery service articles
 (1) It is unlawful for:
 (a) the Director‑General, an ASIO employee or an ASIO affiliate, for the purposes of the Organisation, to seek from a delivery service provider or from an employee or agent of a delivery service provider; or
 (b) a delivery service provider or an employee or agent of a delivery service provider to give the Director‑General, an ASIO employee or an ASIO affiliate, for the purposes of the Organisation;
access to:
 (c) an article that is being delivered by the delivery service provider; or
 (d) information concerning the contents or cover of any such article;
except in accordance with, or for the purposes of, a warrant under this Division. It is the duty of the Director‑General to take all reasonable steps to ensure that this subsection is not contravened.
Note: Delivery service provider, agent and article are defined in subsection (12).

Issue of delivery services warrant
 (2) If the Director‑General requests the Attorney‑General to do so, and the Attorney‑General is satisfied as mentioned in subsection (3) or (6), the Attorney‑General may issue a warrant in accordance with this section.

Test 1 for issue of warrant
 (3) The Attorney‑General may issue a warrant if he or she is satisfied that:
 (a) a person (the subject) is engaged in or is reasonably suspected by the Director‑General of being engaged in, or of being likely to engage in, activities prejudicial to security; and
 (b) access by the Organisation to articles sent by or on behalf of, addressed to or intended to be received by, the subject while the articles are being delivered by a delivery service provider, will, or is likely to, assist the Organisation in carrying out its function of obtaining intelligence relevant to security.

Authorisation in warrant
 (4) The warrant must be signed by the Attorney‑General and must authorise the Organisation to do specified things, subject to any restrictions or conditions specified in the warrant, in relation to articles that:
 (a) are being delivered by the delivery service provider; and
 (b) in respect of which any of the following are satisfied:
 (i) the articles have been sent by or on behalf of the subject, who must be specified in the warrant, or addressed to the subject; or
 (ii) the articles are reasonably suspected, by a person authorised to exercise the authority of the Organisation under the warrant, of having been so sent or addressed; or
 (iii) the articles are intended to be received by the subject, who must be specified in the warrant, or are reasonably suspected, by a person authorised to exercise the authority of the Organisation under the warrant, of being intended to be