Document ID: chunk:federal_register_of_legislation:C2022A00031:clause:1_9d:p2
Version: federal_register_of_legislation:C2022A00031
Segment Type: clause
Provision Reference: sch 1 cl 9D (pt 2/3)
Character Range: 10442–13394

involved in an activity or activities that are, or are likely to be, a threat to security—give to the Attorney‑General and the Minister responsible for administering the Australian Security Intelligence Organisation Act 1979 (the ASIO Minister) the documents referred to in subparagraphs (c)(i) and (ii).

Role of responsible Minister
 (6) The responsible Minister must, as soon as practicable after being given documents under paragraph (5)(c), consider whether to cancel the authorisation under subsection (10).
 (7) If the Attorney‑General is required to be given documents under paragraph (5)(e), the responsible Minister must have regard to any advice given by the Attorney‑General when making a decision under subsection (6).

Role of Inspector‑General of Intelligence and Security
 (8) Within 30 days after the Inspector‑General of Intelligence and Security is given documents under paragraph (5)(d), the Inspector‑General must:
 (a) consider whether the agency head has complied with the requirements of this section; and
 (b) provide the responsible Minister with a report on the Inspector‑General's views of the extent of the compliance by the agency head with the requirements of this section; and
 (c) provide to the Committee a copy of the conclusions in the report.

Period of effect of authorisation
 (9) The authorisation ceases to have effect at the earliest of the following times:
 (a) the end of 6 months, starting on the day the authorisation is given;
 (b) if the authorisation specifies a time when the authorisation ceases to have effect—that time;
 (c) if the responsible Minister cancels the authorisation under subsection (10)—the time of cancellation;
 (d) if the agency head cancels the authorisation under subsection (12)—the time of cancellation;
 (e) if an authorisation for the activity, or series of activities, is given under section 9, 9A or 9B—the time the authorisation under section 9, 9A or 9B is given.

Cancellation by responsible Minister
 (10) The responsible Minister may, in writing, cancel the authorisation.
 (11) If the responsible Minister cancels the authorisation under subsection (10), the Minister must, as soon as practicable, give written notice of the cancellation to:
 (a) the Inspector‑General of Intelligence and Security; and
 (b) if the Attorney‑General and the ASIO Minister are required to be given documents under paragraph (5)(e)—those Ministers.

Cancellation by agency head
 (12) The agency head must, in writing, cancel the authorisation if the agency head is satisfied that:
 (a) there is not; and
 (b) there is not likely to be;
a significant risk to the safety of the Australian person.
Note: The agency head may cancel the authorisation in other circumstances (see subsection 33(3) of the Acts Interpretation Act 1901).
 (13) If the agency head cancels the authorisation under subsection (12), the agency head must, as soon as practicable, give written notice of the cancellation