Document ID: chunk:federal_register_of_legislation:C2022A00031:clause:4_3
Version: federal_register_of_legislation:C2022A00031
Segment Type: clause
Provision Reference: sch 4 cl 3
Character Range: 20260–21320

3  After subsection 8(1)
Insert:
 (1A) For the purposes of subparagraphs (1)(a)(i), (iaa) and (ia), an agency undertakes an activity, or a series of activities, for the specific purpose, or for purposes which include the specific purpose, of producing intelligence on an Australian person, or one or more members of a class of Australian persons, only if:
 (a) the agency undertakes a prescribed activity to obtain that intelligence; or
 (b) the agency expressly or impliedly requests an authority referred to in paragraph 13(1)(c) to undertake a prescribed activity to obtain that intelligence.
 (1B) Prescribed activity means a covert and intrusive activity, or a series of covert and intrusive activities and, to avoid doubt, includes an activity, or a series of activities, that ASIO could not undertake in at least one State or Territory without it being authorised by warrant under:
 (a) Division 2 of Part III of the Australian Security Intelligence Organisation Act 1979; or
 (b) Part 2‑2 of the Telecommunications (Interception and Access) Act 1979.