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INTELLIGENCE SERVICES ACT 2001 - SECT 10

Period during which authorisation given under section 9 has effect etc.

Renewing authorisations

             (1)  The Minister may, at any time before the day on which an authorisation given under section 9 would cease to have effect, renew it for the length of time specified in the renewal. However, the authorisation must not be renewed unless the Minister is satisfied that it is necessary, for the purpose for which the authorisation was given, for the authorisation to continue to have effect.

          (1A)  The renewal (or any subsequent renewal) of an authorisation given under section 9 for an activity, or a series of activities, of a kind mentioned in subparagraph 8(1)(a)(i), (ia), (ib) or (ii), must be for a period not exceeding 6 months.

Varying or cancelling authorisations

             (2)  The Minister may vary or cancel an authorisation given under section 9 at any time.

          (2A)  If, before an authorisation is cancelled under subsection (2) or otherwise ceases to have effect, the relevant agency head is satisfied that the grounds on which the authorisation was given under section 9 have ceased to exist:

                     (a)  the agency head must inform the Minister accordingly, and must take the steps necessary to ensure that activities under the authorisation are discontinued; and

                     (b)  as soon as practicable after being so informed, the Minister must consider cancelling the authorisation under subsection (2).

          (2B)  Without limiting subsection (2A), if an authorisation is given under section 9 for an activity, or a series of activities, of a kind mentioned in subparagraph 8(1)(a)(ia) or (ib), the grounds on which the authorisation was given cease to exist if:

                     (a)  the Defence Force is no longer engaged in any military operations to which the request for the authorisation relates; or

                     (b)  the Defence Minister withdraws the request for the authorisation.

Note:          For the request for the authorisation, see paragraph 9(1)(d).

          (2C)  For the purposes of subsection (2A), if an authorisation is given in reliance on an agreement that specifies a period in accordance with paragraph 9(1AB)(b), the grounds on which the authorisation was given are taken not to have ceased to exist merely because the period specified in the agreement ends.

Renewal, variation or cancellation to be in writing

             (3)  A renewal, variation or cancellation of an authorisation given under section 9 must be in writing.

Relationship with the Acts Interpretation Act 1901

             (4)  To avoid doubt, this section does not limit subsection 33(3) of the Acts Interpretation Act 1901 to the extent that it applies to an authorisation given under section 9A or 9B.



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