Document ID: chunk:federal_register_of_legislation:C2004A03942:section:1979:p9
Version: federal_register_of_legislation:C2004A03942
Segment Type: section
Provision Reference: s 1979 (pt 9/27)
Character Range: 20741–23452

or recovering a listening device, or a part of a listening device, in accordance with the warrant.

Discontinuance of action before expiration of warrant

"12k. If, before a warrant under section 12g expires, the Commissioner is satisfied that the grounds on which the warrant was issued no longer exist, the Commissioner must immediately:

    (a) take such steps as are necessary to ensure that action authorised by the warrant (other than the recovery of a listening device or a part of a listening device) is discontinued; and

    (b) revoke the warrant by signed instrument.

Application of certain provisions of Customs Act

"12l. Sections 219f to 219k (inclusive) of the Customs Act 1901 apply for the purposes of this Division as if:

    (a) references to a warrant under section 219b, or under Division 1a of Part XII, of that Act were instead references to a warrant under section 12g; and

    (b) reference to narcotics inquiries were instead references to general offence inquiries; and

    (c) references to a Judge were instead references to an eligible Judge; and

    (d) references to an instrument issued under section 219e of that Act were instead references to an instrument issued under section 12k; and

    (e) for the purposes of the provisions of subsections 219f (1), (2) and (3) (other than paragraph (2) (a)) of that Act, the Australian Federal Police were the only Commonwealth law enforcement agency within the meaning of that Act; and

    (f) any other necessary changes were made.".

(2) Until the commencement of section 6 of the Australian Federal Police Legislation Amendment Act (No. 2) 1989, section 12E of the Principal Act as amended by this Act has effect as if references to a staff member were references to a person referred to in section 16 of the Principal Act.

PART 3—AMENDMENT OF THE AUSTRALIAN SECURITY INTELLIGENCE ORGANIZATION ACT 1979

Principal Act

6. In this Part, "Principal Act" means the Australian Security Intelligence Organization Act 19792.

7. After section 93 of the Principal Act the following section is inserted:

Application of Privacy Act

"93a. (1) The Privacy Act 1988 does not apply in relation to an act done, or a practice engaged in, by an agency to the extent that the act or practice involves the disclosure of personal information to the Organization.

"(2) For the purposes of this section, an agency is to be taken to have done an act, or engaged in a practice, if the agency would, for the purposes of the Privacy Act 1988, be taken to have done the act, or engaged in the practice.

"(3) In this section:

  'agency' has the same meaning as in the Privacy Act 1988;

  'personal information' has the same meaning as in the