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

45   Section 30

Repeal the section, substitute:

30 Discontinuance of action before expiration of warrant

(1) Subject to subsection (3), if the Director-General is satisfied that the grounds on which a warrant under this Division was issued have ceased to exist, the Director-General must, as soon as practicable:

(a) inform the Minister of that fact; and

(b) take such steps as are necessary to ensure that action under the warrant is discontinued.

(2) For the purposes of paragraph (1)(b), action under a warrant :

(a) includes action under an authorisation given under an identified person warrant; but

(b) does not include the recovery of a surveillance device or any enhancement equipment in relation to the device.

(3) If:

(a) a surveillance device warrant was issued in relation to more than one of the matters mentioned in paragraph 26(2)(a); and

(b) the grounds on which the warrant was issued continue to exist for at least one of those matters;

subsection (1) applies only in relation to the matters for which the grounds have ceased to exist.

45A After section 31

Insert:

31A Notification requirements in relation to the use of force under warrant

(1) This section applies if a warrant issued under this Division authorises the use of force against persons to do the things authorised by the warrant.

(2) The Director-General must cause the Minister and the Inspector-General of Intelligence and Security to be notified if such force is used against a person in the execution of the warrant.

(3) The notification must be given:

(a) in writing; and

(b) as soon as practicable after such force is used.