Document ID: chunk:federal_register_of_legislation:C2021A00095:clause:1_10
Version: federal_register_of_legislation:C2021A00095
Segment Type: clause
Provision Reference: sch 1 cl 10
Character Range: 5832–8130

10  After subsection 11C(5) (before the note)
Insert:

Mandatory procedure for all intercepted communications
 (6) The Attorney‑General must, in writing, issue a mandatory procedure (the mandatory procedure):
 (a) for screening communications intercepted under a warrant under this section for the purpose of identifying any domestic communications that may have been intercepted; and
 (b) for destroying all records of any domestic communication so identified from that screening (other than a domestic communication that relates, or appears to relate, to activities that present a significant risk to a person's life); and
 (c) for notifying the Inspector‑General of Intelligence and Security of any identified domestic communication if all records of the communication are not destroyed because the communication relates, or appears to relate, to activities that present a significant risk to a person's life.
 (7) The mandatory procedure may also deal with other matters relating to communications intercepted under a warrant under this section.
 (8) A person must comply with the mandatory procedure to the extent that it applies to the person.
 (9) Before issuing or varying the mandatory procedure, the Attorney‑General must consult:
 (a) the Minister for Defence; and
 (b) the Minister for Foreign Affairs; and
 (c) the Inspector‑General of Intelligence and Security; and
 (d) the Director‑General of Security.
 (10) The Attorney‑General must review the mandatory procedure as soon as practicable after:
 (a) the end of the first anniversary of the mandatory procedure being issued; and
 (b) every 3‑year period after that;
but the Attorney‑General may review the mandatory procedure at any other time as well.
 (10A) The Attorney-General must, as soon as practicable, cause the Parliamentary Joint Committee on Intelligence and Security to be notified about the issuing or varying of the mandatory procedure.
 (10B) The Parliamentary Joint Committee on Intelligence and Security may request a briefing on the mandatory procedure and on any variations to it.
 (11) The mandatory procedure, or any variation of the mandatory procedure, is not a legislative instrument.
 (12) For the purposes of this section, a domestic communication is a communication that is not a foreign communication.