Document ID: chunk:federal_register_of_legislation:C2014A00108:clause:3_35f
Version: federal_register_of_legislation:C2014A00108
Segment Type: clause
Provision Reference: sch 3 cl 35F
Character Range: 98938–100965

35F  Variation of special intelligence operation authorities
 (1) The Minister may vary a special intelligence operation authority on application by the Director‑General, a senior position‑holder or an ASIO employee.

Application for variation
 (2) An application under subsection (1) may be made:
 (a) in writing signed by the applicant; or
 (b) if the applicant reasonably believes that the delay caused by making a written application may be prejudicial to security—orally in person, or by telephone or other means of communication.
 (3) As soon as practicable after making an application in accordance with paragraph (2)(b), the applicant must:
 (a) make a written record of the application; and
 (b) give a copy of it to the Minister.

Limits on variation
 (4) The Minister must not vary the special intelligence operation authority unless the Minister:
 (a) is satisfied that there are reasonable grounds on which to believe that the special intelligence operation, conducted in accordance with the special intelligence operation authority as varied, will assist the Organisation in the performance of one or more special intelligence functions; and
 (b) considers it is appropriate to do so.
 (5) If a variation extends, or further extends, the period of effect of a special intelligence operation authority, the total period of effect must not be longer than 12 months.

Manner of variation
 (6) The variation may be made:
 (a) by means of a written document signed by the Minister; or
 (b) if the Minister is satisfied there are reasonable grounds on which to believe that the delay caused by giving a written variation may be prejudicial to security—orally in person, or by telephone or other means of communication.
 (7) If a special intelligence operation authority is varied in accordance with paragraph (6)(b), a written record of the variation must be issued within 7 days.

Authority may be varied more than once
 (8) A special intelligence operation authority may be varied more than once under this section.