Document ID: chunk:federal_register_of_legislation:C2024C00841:section:35f
Version: federal_register_of_legislation:C2024C00841
Segment Type: section
Provision Reference: s 35F
Character Range: 347750–349800

35F  Variation of special intelligence operation authorities
 (1) The Attorney‑General may vary a special intelligence operation authority on application by the Director‑General.

Application for variation
 (2) An application under subsection (1) may be made:
 (a) in writing signed by the Director‑General; or
 (b) if the Director‑General 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 Director‑General must:
 (a) make a written record of the application; and
 (b) give a copy of it to the Attorney‑General.

Limits on variation
 (4) The Attorney‑General must not vary the special intelligence operation authority unless the Attorney‑General:
 (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 Attorney‑General; or
 (b) if the Attorney‑General 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.