Document ID: chunk:federal_register_of_legislation:C2014A00134:clause:2_17
Version: federal_register_of_legislation:C2014A00134
Segment Type: clause
Provision Reference: sch 2 cl 17
Character Range: 18438–19687

17  Subsection 9(5)
Repeal the subsection, substitute:
 (4A) An authorisation must be in writing.

Requirement to keep copies
 (5) If a Minister gives an authorisation under this section in relation to an agency, the relevant agency head must ensure that copies of the following are kept by the agency and are available for inspection on request by the Inspector‑General of Intelligence and Security:
 (a) the authorisation;
 (b) any record or copy of an agreement given under paragraph (1A)(b) (including any agreement given in accordance with subsection (1AA));
 (c) if the authorisation is for an activity, or a series of activities, of a kind mentioned in subparagraph 8(1)(a)(ia) or (ib)—the request from the Defence Minister referred to in paragraph (1)(d) of this section.

Status of instruments
 (6) A request under paragraph (1)(d), an agreement under paragraph (1A)(b) (if in writing), a request under subsection (5) (if in writing), and an authorisation under this section, are not legislative instruments.

Definitions
 (7) In this section:
security has the same meaning as in the Australian Security Intelligence Organisation Act 1979.
UN sanction enforcement law has the same meaning as in the Charter of the United Nations Act 1945.