Document ID: chunk:federal_register_of_legislation:C2024C00841:section:27a:p1
Version: federal_register_of_legislation:C2024C00841
Segment Type: section
Provision Reference: s 27A (pt 1/5)
Character Range: 134765–137481

27A  Warrants for the performance of functions under paragraph 17(1)(e)
 (1) Where:
 (a) the Director‑General gives a notice in writing to the Attorney‑General requesting the Attorney‑General to issue a warrant under this section in relation to premises, a person, a computer or an object identified in the notice authorising the Organisation to do acts or things referred to in whichever of subsections 25(4) or (5), 25A(4), 26B(1), (2), (3) or (4), 27(2) or (3) or 27AA(5) or (8) is or are specified in the notice for the purpose of obtaining foreign intelligence relating to a matter specified in the notice; and
 (b) the Attorney‑General is satisfied, on the basis of advice received from the Defence Minister or the Foreign Affairs Minister, that the collection of foreign intelligence relating to that matter is in the interests of Australia's national security, Australia's foreign relations or Australia's national economic well‑being;
the Attorney‑General may, by warrant under his or her hand, authorise the Organisation, subject to any conditions or restrictions that are specified in the warrant, to do such of those acts or things in relation to those premises, that person, that computer or those objects as the Attorney‑General considers appropriate in the circumstances and are specified in the warrant for the purpose of obtaining that intelligence.
 (2) The warrant must:
 (a) authorise the use of any force against persons and things that is necessary and reasonable to do the things mentioned in subsection (1); and
 (b) if the warrant authorises entering premises—state whether entry is authorised to be made at any time of the day or night or during stated hours of the day or night.
 (3) A warrant under this section shall specify the period for which it is to remain in force, being a period not exceeding:
 (a) in a case where the warrant authorises the doing of acts or things referred to in subsection 25(4) or (5)—90 days;
 (b) in a case where the warrant authorises the doing of acts or things referred to in subsection 25A(4), 26B(1), (2), (3) or (4), 27(2) or (3) or 27AA(5) or (8)—6 months;
but may be revoked by the Attorney‑General at any time before the end of the period so specified.
 (3A) If a surveillance device is installed or used in accordance with a warrant under this section authorising the doing of acts referred to in subsection 26B(1) (2), (3) or (4), the Organisation is authorised to do any of the following:
 (a) recover the surveillance device or any enhancement equipment in relation to the device;
 (b) enter any premises where the surveillance device is reasonably believed to be, for the purpose of recovering the device or the equipment;
 (c) enter any other