Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018 (148 of 2018)

Schedule 2   Computer access warrants etc.

Part 1   Amendments

Australian Security Intelligence Organisation Act 1979

16A   After section 34

Insert:

34A Director-General to report to Attorney-General - concealment of access

(1) If:

(a) a warrant issued under this Division has ceased to be in force; and

(b) during a prescribed post-cessation period of the warrant, a thing was done under subsection 25A(8), 27A(3C) or 27E(6) in connection with the warrant; and

(c) the thing has not been dealt with in a report under subsection 34(1);

the Director-General must:

(d) give the Attorney-General a written report on the extent to which doing the thing has assisted the Organisation in carrying out its functions; and

(e) do so as soon as practicable after the end of that period.

(2) If:

(a) a warrant issued under this Division has ceased to be in force; and

(b) as at the end of a prescribed post-cessation period of the warrant, it is likely that a thing will be done under subsection 25A(8), 27A(3C) or 27E(6) in connection with the warrant;

the Director-General must:

(c) give the Attorney-General a written report on the extent to which doing the thing will assist the Organisation in carrying out its functions; and

(d) do so as soon as practicable after the end of that period.

Prescribed post-cessation period

(3) For the purposes of this section, each of the following periods is a prescribed post-cessation period of a warrant:

(a) the 3-month period beginning immediately after the warrant ceased to be in force;

(b) each subsequent 3-month period.