Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Sections 276, 277 and 278 of the Telecommunications Act 1997 do not prohibit a disclosure of information or a document if the information or document is covered by an authorisation in force under this section.
Prospective authorisation
(2) The following persons (each of whom is an eligible person ):
(a) the Director - General of Security;
(b) the Deputy Director - General of Security;
(c) an ASIO employee or ASIO affiliate who holds, or is acting in, a position that is equivalent to, or that is higher than, an SES Band 2 position in the Department;
may authorise the disclosure of specified information or specified documents that come into existence during the period for which the authorisation is in force.
Authorisation for access to existing information or documents may also be sought
(3) The eligible person may, in that authorisation, also authorise the disclosure of specified information or specified documents that came into existence before the time the authorisation comes into force.
Limits on making the authorisation
(4) The eligible person must not make the authorisation unless he or she is satisfied that the disclosure would be in connection with the performance by the Organisation of its functions.
Period for which authorisation is in force
(5) An authorisation under this section:
(a) comes into force at the time the person from whom the disclosure is sought receives notification of the authorisation; and
(b) unless it is revoked earlier, ends at the time specified in the authorisation, which must be a time that:
(i) is no later than the end of the period of 90 days beginning on the day the authorisation is made; and
(ii) if the authorisation is made under a journalist information warrant--is no later than the end of the period specified under section 180N as the period for which the warrant is to remain in force.
Note: Section 184 deals with notification of authorisations.
Revoking the authorisation
(6) An eligible person must revoke the authorisation if:
(a) he or she is satisfied that the disclosure is no longer required; or
(b) in a case where the authorisation is made under a journalist information warrant:
(i) the warrant is revoked under subsection 180N(1); or
(ii) the Director - General of Security has informed the Attorney - General under section 180P that the Director - General is satisfied that the grounds on which the warrant was issued have ceased to exist.
Note: Section 184 deals with notification of authorisations.