Document ID: chunk:federal_register_of_legislation:C2004A00552:clause:1_25:p1
Version: federal_register_of_legislation:C2004A00552
Segment Type: clause
Provision Reference: sch 1 cl 25 (pt 1/3)
Character Range: 7530–10272

25  Search warrants

Issue of search 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 there are reasonable grounds for believing that access by the Organisation to records or other things on particular premises (the subject premises) will substantially assist the collection of intelligence in accordance with this Act in respect of a matter (the security matter) that is important in relation to security.

Authorisation in warrant

 (3) The warrant must be signed by the Minister and must authorise the Organisation to do specified things, subject to any restrictions or conditions specified in the warrant, in relation to the subject premises, which must also be specified in the warrant.

Things that may be specified in warrant

 (4) The things that may be specified are any of the following that the Minister considers appropriate in the circumstances:
 (a) entering the subject premises;
 (b) searching the subject premises for the purpose of finding records or other things relevant to the security matter and, for that purpose, opening any safe, box, drawer, parcel, envelope or other container in which there is reasonable cause to believe that any such records or other things may be found;
 (c) inspecting or otherwise examining any records or other things so found, and making copies or transcripts of any such record or other thing that appears to be relevant to the collection of intelligence by the Organisation in accordance with this Act;
 (d) removing and retaining for such time as is reasonable any record or other thing so found, for the purposes of:
 (i) inspecting or examining it; and
 (ii) in the case of a record—making copies or transcripts of it, in accordance with the warrant;
 (e) any thing reasonably necessary to conceal the fact that any thing has been done under the warrant;
 (f) any other thing reasonably incidental to any of the above.

Other things that may be specified

 (5) The Minister may also specify any of the following things if he or she considers it appropriate in the circumstances:
 (a) where there is reasonable cause to believe that data relevant to the security matter may be accessible by using a computer or other electronic equipment found on the subject premises—using the computer or other electronic equipment for the purpose of obtaining access to any such data and, if necessary to achieve that purpose, adding, deleting or altering other data in the computer or other electronic equipment;
 (b) using the computer or