Document ID: chunk:federal_register_of_legislation:C2024C00841:section:35c
Version: federal_register_of_legislation:C2024C00841
Segment Type: section
Provision Reference: s 35C
Character Range: 343447–346102

35C  Granting of special intelligence operation authorities
 (1) If:
 (a) an application for an authority to conduct a special intelligence operation is made under section 35B; and
 (b) the Attorney‑General is satisfied that there are reasonable grounds on which to believe that the matters in subsection (2) exist;
the Attorney‑General may authorise the special intelligence operation by granting the authority.
 (2) The matters are as follows:
 (a) the special intelligence operation will assist the Organisation in the performance of one or more special intelligence functions;
 (b) the circumstances are such as to justify the conduct of a special intelligence operation;
 (c) any unlawful conduct involved in conducting the special intelligence operation will be limited to the maximum extent consistent with conducting an effective special intelligence operation;
 (d) the special intelligence operation will not be conducted in such a way that a person is likely to be induced to commit an offence against a law of the Commonwealth, a State or a Territory that the person would not otherwise have intended to commit;
 (e) any conduct involved in the special intelligence operation will not:
 (i) cause the death of, or serious injury to, any person; or
 (ia) constitute torture; or
 (ii) involve the commission of a sexual offence against any person; or
 (iii) result in significant loss of, or serious damage to, property.
 (3) A special intelligence operation authority may be granted unconditionally or subject to conditions.
 (4) A special intelligence operation authority may be granted:
 (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 authority may be prejudicial to security—orally in person, or by telephone or other means of communication.
 (5) If a special intelligence operation authority is granted in accordance with paragraph (4)(b), a written record of the special intelligence operation authority that complies with section 35D must be issued within 7 days.
 (6) To avoid doubt, nothing in this Division prevents a special intelligence operation authority being granted in respect of a special intelligence operation that has been the subject of a previous special intelligence operation authority.
Note: A special intelligence operation authority can be varied, but not so as to extend beyond 12 months—see section 35F.
 (7) The following are not legislative instruments:
 (a) a document referred to in paragraph (4)(a);
 (b) a written record referred to in subsection (5).