Document ID: chunk:federal_register_of_legislation:C2024C00749:section:11c:p2
Version: federal_register_of_legislation:C2024C00749
Segment Type: section
Provision Reference: s 11C (pt 2/3)
Character Range: 216366–219334

warrant unless the Attorney‑General is satisfied that the person is, or is reasonably suspected by the Director‑General of, acting for, or on behalf of, a foreign power.
 (4) The Attorney‑General must not issue a warrant under this section if the mandatory procedure under subsection (6) is not in force.
 (4A) If a warrant is issued under this section, then the Director‑General of Security must prepare a notice that:
 (a) is addressed to any carrier who operates any part of the telecommunications system that is covered by the warrant; and
 (b) gives a description that is sufficient to identify that part of the telecommunications system covered by the warrant;
unless the Attorney‑General is satisfied that the giving of such a notice would not be in the interests of national security or reasonable in the circumstances.

Destruction of irrelevant intercepted communications
 (5) Where:
 (a) a communication is intercepted under a warrant under this section; and
 (b) the Director‑General of Security is satisfied that the communication is not relevant to the purposes specified in the warrant;
the Director‑General of Security must:
 (c) cause all records of the communication to be destroyed (unless the communication relates, or appears to relate, to activities that present a significant risk to a person's life); and
 (d) cause the Inspector‑General of Intelligence and Security to be notified of the communication if all records of the communication are not caused to be destroyed because the communication relates, or appears to relate, to activities that present a significant risk to a person's life.

Mandatory procedure for all intercepted communications
 (6) The Attorney‑General must, in writing, issue a mandatory procedure (the mandatory procedure):
 (a) for screening communications intercepted under a warrant under this section for the purpose of identifying any domestic communications that may have been intercepted; and
 (b) for destroying all records of any domestic communication so identified from that screening (other than a domestic communication that relates, or appears to relate, to activities that present a significant risk to a person's life); and
 (c) for notifying the Inspector‑General of Intelligence and Security of any identified domestic communication if all records of the communication are not destroyed because the communication relates, or appears to relate, to activities that present a significant risk to a person's life.
 (7) The mandatory procedure may also deal with other matters relating to communications intercepted under a warrant under this section.
 (8) A person must comply with the mandatory procedure to the extent that it applies to the person.
 (9) Before issuing or varying the mandatory procedure, the Attorney‑General must consult:
 (a) the Minister for Defence; and
 (b) the Minister for Foreign Affairs; and
 (c) the Inspector‑General of Intelligence and Security; and
 (d) the Director‑General