Commonwealth Consolidated Acts

INTELLIGENCE SERVICES ACT 2001 - SECT 9C

  (1)   This section applies if:

  (a)   an agency head considers it necessary or desirable to undertake an activity or a series of activities; and

  (b)   an authorisation is sought under section   9A or 9B; and

  (c)   all of the following apply:

  (i)   the agreement of the Attorney - General is required to be obtained under paragraph   9(1A)(b);

  (ii)   the agreement has not been obtained;

  (iii)   the agency head is satisfied that the Attorney - General is not readily available or contactable.

Giving authorisation

  (2)   Despite paragraph   9(1A)(b), the authorisation may (subject to subsection   (3)) be given without obtaining the agreement of the Attorney - General.

Obtaining the agreement of the Director - General of Security

  (3)   Before an authorisation is given under section   9A or 9B, unless the agency head is satisfied that the Director - General of Security is not readily available or contactable, the agency head must obtain the agreement of the Director - General to the authorisation being given without the agreement of the Attorney - General.

Notifying Attorney - General, ASIO Minister and Inspector - General of Intelligence and Security

  (4)   The relevant agency head must notify the following that an authorisation was given under section   9A or 9B (as the case requires) in accordance with this section:

  (a)   the Attorney - General;

  (b)   the Minister responsible for administering the Australian Security Intelligence Organisation Act 1979 (the ASIO Minister );

  (c)   the Inspector - General of Intelligence and Security.

The notification must state whether the agreement of the Director - General of Security was obtained.

  (5)   The notification must be given:

  (a)   for a notification given to the Attorney - General or the ASIO Minister--before the end of 8 hours after the authorisation is given under section   9A or 9B; and

  (b)   for a notification given to the Inspector - General of Intelligence and Security--as soon as practicable, but no later than 3 days after the authorisation is given under section   9A or 9B.

Oversight by Inspector - General of Intelligence and Security

  (6)   Within 30 days after the Inspector - General of Intelligence and Security is given the notification, the Inspector - General must:

  (a)   consider whether the agency head complied with the requirements of this section in giving the authorisation under section   9A or 9B; and

  (b)   provide the responsible Minister with a report on the Inspector - General's views of the extent of the agency head's compliance with the requirements of this section in giving the authorisation under that section; and

  (c)   provide to the Committee a copy of the conclusions in the report.