Document ID: chunk:federal_register_of_legislation:C2004A00552:clause:1_26c:p1
Version: federal_register_of_legislation:C2004A00552
Segment Type: clause
Provision Reference: sch 1 cl 26C (pt 1/2)
Character Range: 21729–24354

26C  Tracking device warrants relating to objects

Issue of warrant

 (1) If the Director‑General requests the Minister to do so, and the Minister is satisfied as mentioned in subsection (2), the Minister may issue a warrant in accordance with this section.

Test for issue of warrant

 (2) The Minister is only to issue the warrant if he or she is satisfied that:
 (a) an object (the target object) is used or worn, or likely to be used or worn by a person (whether or not his or her identity is known) engaged in or reasonably suspected by the Director‑General of being engaged in or of being likely to engage in, activities prejudicial to security; and
 (b) the use by the Organisation of a tracking device applied to the target object to enable the Organisation to track the target object will, or is likely to, assist the Organisation in carrying out its function of obtaining intelligence relevant to security.

Note: Tracking device, track, object and apply are defined in subsection 26A(3).

Authorisation in warrant

 (3) The warrant:
 (a) must be signed by the Minister; and
 (b) must authorise the Organisation, subject to any restrictions or conditions specified in the warrant, to use a tracking device applied to the target object for the purpose of tracking the target object which must be specified in the warrant; and
 (c) may authorise the Organisation to:
 (i) enter any premises specified in the warrant in which the target object is, or is likely to be, found, for the purpose of applying a tracking device to the target object, or maintaining or using a tracking device so applied; and
 (ii) enter or alter the target object, for the purpose of applying, maintaining or using a tracking device; and
 (iii) apply a tracking device to the target object; and
 (iv) maintain a tracking device applied to the target object; and
 (v) any other thing reasonably incidental to any of the above.

Authorisation of entry measures

 (4) The warrant must:
 (a) authorise the use of any force that is necessary and reasonable to do the things specified in the warrant; and
 (b) state whether entry is authorised to be made at any time of the day or night or during stated hours of the day or night.

Duration of warrant

 (5) The warrant must specify the period during which it is to remain in force. The period must not be more than 6 months, although the Minister may revoke the warrant before the period has expired.

Issue of further warrants not prevented

 (6) Subsection (5) does not prevent the issue of any further warrant.

Tracking device may be recovered

 (7) If a tracking device is applied to a