Document ID: chunk:federal_register_of_legislation:C2024C00841:section:26
Version: federal_register_of_legislation:C2024C00841
Segment Type: section
Provision Reference: s 26
Character Range: 90805–93343

26  Issue of surveillance device warrants

Issue of surveillance device warrant
 (1) If the Director‑General requests the Attorney‑General to do so, and the Attorney‑General is satisfied as mentioned in subsection (3), the Attorney‑General may issue a warrant in accordance with this section.
 (2) The warrant may be issued:
 (a) in relation to one or more of the following:
 (i) a particular person;
 (ii) particular premises;
 (iii) an object or class of object; and
 (b) in respect of more than one kind of surveillance device; and
 (c) in respect of more than one surveillance device of any particular kind.

Test for issue of warrant
 (3) The Attorney‑General is only to issue the warrant if he or she is satisfied that:
 (a) if the warrant is requested in relation to a particular person:
 (i) the person is engaged in or is reasonably suspected by the Director‑General of being engaged in, or of being likely to engage in, activities prejudicial to security; and
 (ii) the use by the Organisation of a surveillance device in relation to that person will, or is likely to, assist the Organisation in carrying out its function of obtaining intelligence relevant to security; and
 (b) if the warrant is requested in relation to particular premises:
 (i) those premises are used, likely to be used or frequented by a person engaged in or reasonably suspected by the Director‑General of being engaged in, or of being likely to engage in, activities prejudicial to security; and
 (ii) the use on behalf of the Organisation of a surveillance device in or on those premises will, or is likely to, assist the Organisation in carrying out its function of obtaining intelligence relevant to security; and
 (c) if the warrant is requested in relation to an object or class of object:
 (i) that object, or an object of that class, is used or worn, or likely to be used or worn by a person engaged in or reasonably suspected by the Director‑General of being engaged in, or of being likely to engage in, activities prejudicial to security; and
 (ii) the use by the Organisation of a surveillance device in or on that object, or an object of that class, will, or is likely to, assist the Organisation in carrying out its function of obtaining intelligence relevant to security.
 (4) To avoid doubt, the identity of the person referred to in paragraph (3)(a) or subparagraph (3)(b)(i) or (c)(i) need not be known.

Warrant may be subject to restrictions or conditions
 (5) The warrant is subject to any restrictions or conditions specified in it.