Document ID: chunk:federal_register_of_legislation:C2021C00363:clause:2_26n
Version: federal_register_of_legislation:C2021C00363
Segment Type: clause
Provision Reference: sch 2 cl 26N
Character Range: 177352–179377

26N  Variation of internal authorisations

Request for variation
 (1) An ASIO employee or ASIO affiliate (the applicant) may request an authorising officer to vary an internal authorisation.
 (2) The request may be made:
 (a) in writing; or
 (b) orally in person, or by telephone or other means of communication.
 (3) A request under subsection (1) must include a statement of:
 (a) the facts and other grounds on which the applicant considers it necessary that the authorisation should be varied; and
 (b) the extent to which the applicant considers that the authorisation, as varied, will substantially assist the collection of intelligence in respect of the matter (the security matter) that is important in relation to security in respect of which the authorisation is given.
 (4) If the request is made orally, a written record of the request that meets the requirements of subsection (3) must be made within 48 hours after the request is made.

Giving of variation
 (5) The authorising officer may vary the authorisation only if the authorising officer is satisfied that there are reasonable grounds for believing that the authorisation, as varied, will substantially assist the collection of intelligence in respect of the security matter.
 (6) If the variation extends, or further extends, the period during which the authorisation is in force, the total period during which the authorisation is in force must not exceed 90 days.
 (7) An internal authorisation may be varied more than once under this section.

Requirements for variations
 (8) A variation under this section may be given:
 (a) in writing; or
 (b) orally in person, or by telephone or other means of communication.
 (9) If the variation is given orally, a written record of the variation must be made within 48 hours after the variation is given.

Written variations and records not legislative instruments
 (10) The following are not legislative instruments:
 (a) a variation under this section;
 (b) a written record referred to in subsection (9).