National Security Legislation Amendment Act (No. 1) 2014 (108 of 2014)

Schedule 2   Powers of the Organisation

Part 1   Amendments

Australian Security Intelligence Organisation Act 1979

46   After section 32

Insert:

33 Relationship with other laws

Computer access - relationship with the Telecommunications (Interception and Access) Act 1979

(1) Nothing in section 25A, 27A or 27E, or in a warrant or authorisation under those sections, authorises, for the purposes of the Telecommunications (Interception and Access) Act 1979, the interception of a communication passing over a telecommunications system operated by a carrier or a carriage service provider.

Listening devices - relationship with the Telecommunications (Interception and Access) Act 1979

(2) Nothing in section 26B, 27A or 27F, or in a warrant or authorisation under those sections, applies to or in relation to the use of a listening device for a purpose that would, for the purposes of the Telecommunications (Interception and Access) Act 1979, constitute the interception of a communication passing over a telecommunications system operated by a carrier or a carriage service provider.

Surveillance devices - interaction with other laws

(3) Despite any other law of the Commonwealth, a State or a Territory (including the common law), a person acting on behalf of the Organisation does not act unlawfully by installing, using or maintaining a surveillance device if the person does so:

(a) in accordance with a warrant issued under section 26, 27A or 27C; or

(b) in accordance with subsection 26B(5) or (6), section 26C, 26D, or 26E, or subsection 27A(3A) or (3B) or 27F(5).

46A Section 34

Before "The", insert "(1)".

46B At the end of section 34

Add:

(2) If:

(a) the warrant was issued under section 25, 25A, 27A, 27C or 29; and

(b) a thing mentioned in subsection 25(5) or 25A(4), paragraph 27D(2)(h) to (k) or subsection 27E(2) was done under the warrant;

the report must also include details of anything done that materially interfered with, interrupted or obstructed the lawful use by other persons of a computer or other electronic equipment, or a data storage device.