Document ID: chunk:federal_register_of_legislation:C2014A00108:clause:3_35m
Version: federal_register_of_legislation:C2014A00108
Segment Type: clause
Provision Reference: sch 3 cl 35M
Character Range: 104923–106254

35M  Effect of being unaware of variation or cancellation of special intelligence operation authority
 (1) If an authority to conduct a special intelligence operation is varied in a way that limits its scope, this Division continues to apply to a participant in the special intelligence operation as if the authority had not been varied in that way, for so long as the participant:
 (a) is unaware of the variation; and
 (b) is not reckless about the existence of the variation.
 (2) If an authority to conduct a special intelligence operation is cancelled, this Division continues to apply to a person who was a participant in the special intelligence operation immediately before the cancellation as if the authority had not been cancelled in that way, for so long as the person:
 (a) is unaware of the cancellation; and
 (b) is not reckless about the existence of the cancellation.
 (3) For the purposes of this section, a person is reckless about the existence of the variation or cancellation of a special intelligence operation authority if:
 (a) the person is aware of a substantial risk that the variation or cancellation has happened; and
 (b) having regard to the circumstances known to the person, it is unjustifiable to take the risk that the special intelligence operation authority has not been varied or cancelled.