Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Where:
(a) the Director - General of Security has forwarded or made a request to the Attorney - General for the issue of a warrant under section 9 in respect of a telecommunications service or under section 9A in respect of a person;
(b) the Attorney - General has not, to the knowledge of the Director - General of Security, made a decision with respect to the request and has not, within the preceding period of 3 months, refused to issue a warrant under section 9 in respect of the telecommunications service or under section 9A in respect of a person (as the case requires);
(c) the Director - General of Security has not, within the preceding period of 3 months, issued a warrant under this section in respect of the telecommunications service or person (as the case requires); and
(d) the Director - General of Security is satisfied:
(i) that the facts of the case would justify the issue of a warrant by the Attorney - General; and
(ii) that, if the interception to which the request relates does not commence before a warrant can be issued and made available by the Attorney - General, security will be, or is likely to be, seriously prejudiced;
the Director - General of Security may, by warrant under his or her hand, authorize persons approved under section 12 in respect of the warrant to intercept, subject to any conditions or restrictions that are specified in the warrant, communications that are being made to or from that service, or communications of that person (as the case requires), and such a warrant may authorize entry on any premises specified in the warrant for the purpose of installing, maintaining, using or recovering any equipment used to intercept such communications.
(1A) The reference in subparagraph (1)(d)(ii) to the interception not commencing includes a reference to the communications, that were to be intercepted, not being accessed as stored communications after they have ceased to pass over a telecommunications system.
(2) Where a warrant under this section authorizes entry on premises, the warrant shall state whether entry is authorized to be made at any time of the day or night or only during specified hours and may, if the Director - General of Security thinks fit, provide that entry may be made without permission first being sought or demand first being made, and authorize measures that he or she is satisfied are necessary for that purpose.
(3) A warrant under this section shall specify the period for which it is to remain in force, being a period that does not exceed 48 hours, but may be revoked by the Attorney - General at any time before the expiration of the period so specified.
(4) Where the Director - General of Security issues a warrant under this section, he or she shall forthwith furnish to the Attorney - General:
(a) a copy of the warrant; and
(b) a statement of the grounds on which he or she is satisfied as to the matters referred to in subparagraph (1)(d)(ii).
(5) The Director - General must, within 3 working days after issuing a warrant under this section, give a copy of the warrant to the Inspector - General of Intelligence and Security.