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

39   Subsections 27A(3A) and (3B)

Repeal the subsections, substitute:

(3A) If a surveillance device is installed or used in accordance with a warrant under this section authorising the doing of acts referred to in subsection 26B(1) (2), (3) or (4), the Organisation is authorised to do any of the following:

(a) recover the surveillance device or any enhancement equipment in relation to the device;

(b) enter any premises where the surveillance device is reasonably believed to be, for the purpose of recovering the device or the equipment;

(c) enter any other premises for the purposes of gaining entry to or exiting the premises referred to in paragraph (b);

(d) enter into or onto, or alter, an object for the purpose of recovering the device or the equipment;

(e) replace an object with an equivalent object for the purposes of recovering the device or the equipment;

(f) break open any thing for the purpose of recovering the device or the equipment;

(g) if the device or equipment is installed in or on an object - temporarily remove the object from any place where it is situated for the purpose of recovering the device or the equipment and returning the object to that place;

(h) use a nominal amount of electricity from any source to power the device or equipment;

(i) any thing reasonably necessary to conceal the fact that any thing has been done under this subsection;

(j) use any force against persons and things that is necessary and reasonable to do any of the above;

(k) any other thing reasonably incidental to any of the above;

at the following time:

(l) at any time while the warrant is in force or within 28 days after it ceases to be in force;

(m) if the surveillance device is not recovered at a time mentioned in paragraph (l) - at the earliest time, after the 28 days mentioned in that paragraph, at which it is reasonably practicable to do the things concerned.

(3B) If, for the purposes of subsection (3A):

(a) the surveillance device is not recovered while the warrant is in force; and

(b) the surveillance device is a tracking device;

the Organisation is also authorised to use the surveillance device or any enhancement equipment in relation to the device solely for the purposes of the location and recovery of the device or equipment.