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.
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