Australian Security Intelligence Organisation Amendment Act 2020 (134 of 2020)

Schedule 2   Amendments relating to tracking devices

Australian Security Intelligence Organisation Act 1979

16   At the end of section 33

Add:

(4) Nothing in this Division makes the use, installation, maintenance or recovery by the Organisation of a surveillance device lawful if the use, installation, maintenance or recovery would be prohibited under an applicable law of the Commonwealth, a State or a Territory (including the common law), unless the Organisation does so:

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

(b) in accordance with an authorisation given under section 26G; or

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