Commonwealth Consolidated Acts

INTELLIGENCE SERVICES ACT 2001 - SECT 10AA

  (1)   This section applies if an authorisation is given to an agency under section   9 for an activity, or a series of activities, of a kind mentioned in subparagraph   8(1)(a)(iaa), (ia) or (ib) in relation to one or more members of a class of Australian persons.

  (2)   The agency head must ensure that a list is kept that:

  (a)   identifies each Australian person in relation to whom the agency intends to undertake activities, or a series of activities, under the authorisation; and

  (b)   gives an explanation of the reasons why the agency believes the person is a member of the class; and

  (c)   includes any other information that the agency head considers appropriate.

Note:   For variation of the list, see subsection   33(3) of the Acts Interpretation Act 1901 .

  (3)   If:

  (a)   the Attorney - General's agreement under paragraph   9(1A)(b) or (1AAA)(b) was obtained in relation to the class of Australian persons mentioned in subsection   (1); and

  (b)   an Australian person who is a member of that class is included on the list;

then the agency head must ensure that the Director - General of Security is given, as soon as practicable:

  (c)   a copy of the list; and

  (d)   written notice that the Australian person was included on the list.

  (4)   The agency head must ensure that the list is available for inspection on request by the Inspector - General of Intelligence and Security.

  (5)   The list and a notice under paragraph   (3)(d) are not legislative instruments.