National Security Legislation Amendment (Comprehensive Review and Other Measures No. 3) Act 2024 (24 of 2024)

Schedule 3   Authorisations for intelligence activities

Part 1   Sequencing of ministerial authorisations and clarifying references to persons

Intelligence Services Act 2001

10   Subsections 9C(2) and (3)

Repeal the subsections, substitute:

Giving authorisation

(2) Despite subsection 9(1AAC) and subject to subsection (3) of this section, the authorisation:

(a) may be given; and

(b) may take effect without the agreement of the Attorney-General having been obtained.

Obtaining the agreement of the Director-General of Security

(3) Before an authorisation is given under section 9A or 9B, the agency head must, unless the agency head is satisfied that the Director-General of Security is not readily available or contactable, obtain the agreement of the Director-General to the authorisation:

(a) being given; and

(b) taking effect without the agreement of the Attorney-General having been obtained.