Document ID: chunk:federal_register_of_legislation:F2023L00553:clause:1_9
Version: federal_register_of_legislation:F2023L00553
Segment Type: clause
Provision Reference: sch 1 cl 9
Character Range: 5766–7525

9  Authorisation for access to prospective information or documents

       (1)       An authorisation made under subsection 176(2) or (3) of the Act must include all of the following information:

           (a)    the identity of the eligible person who is making the authorisation;

           (b)    the basis on which the person is an eligible person;

           (c)    the provisions of the Act under which the authorisation is made;

           (d)    the name of the person(s) from whom disclosure is sought;

           (e)    details of the information or documents to be disclosed;

           (f)     a statement that the eligible person is satisfied that the disclosure of the information or documents would be in connection with the performance by the Organisation of its functions;

           (g)    the date on which the authorisation is made; and

           (h)    the date on which the authorisation is to end, being a date:

                (i)                 that is no later than the end of the period of 90 days beginning on the day the authorisation is made; and

                (ii)               if the authorisation is made under a journalist information warrant – that does not go beyond the period for which the journalist information warrant was specified to be in force.

             Note:  For paragraph 1(h), see paragraph 176(5)(b) of the Act.

       (2)      An authorisation mentioned in subsection (1), whether in written or electronic form, must be signed by its maker.

             Note: Section 10 of the Electronic Transactions Act 1999 sets out how the requirement for signature is taken to have been met in relation to an electronic communication.

Division 2 – Authorisations made by enforcement agencies