Insert:

Insert:

(1)

For the purposes of carrying out the Organisation's functions, an authorised officer or employee may:

(a) ask an operator of an aircraft or vessel questions relating to the aircraft or vessel, or its cargo, crew, passengers, stores or voyage; or
(b) request an operator of an aircraft or vessel to produce documents relating to the aircraft or vessel, or its cargo, crew, passengers, stores or voyage, that are in the possession or under the control of the operator.

(2)

A person who is asked a question or requested to produce a document under subsection (1) must answer the question or produce the document as soon as practicable.

Offence

(3)

A person commits an offence if:

(a) the person is an operator of an aircraft or vessel; and
(b) the person is asked a question or requested to produce a document under subsection (1); and
(c) the person fails to answer the question or produce the document.

Penalty: 60 penalty units.

(4)

Subsection (3) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code .

(5)

It is a defence to a prosecution for an offence against subsection (3) if the person charged had a reasonable excuse for:

(a) failing to answer the question; or
(b) failing to produce the document.

(6)

The Director-General, or a senior officer of the Organisation appointed by the Director-General in writing to be an authorising officer for the purposes of this subsection, may authorise, in writing, an officer or employee of the Organisation, or a class of such officers or employees, for the purposes of this section.

(7)

In this section:

Omit "for such time as is reasonable".

Insert:

Time period for retaining records and other things

(4C)

A record or other thing retained as mentioned in paragraph (4)(d) or (4A)(c) may be retained:

(a) if returning the record or thing would be prejudicial to security—only until returning the record or thing would no longer be prejudicial to security; and
(b) otherwise—for only such time as is reasonable.

After "or other electronic equipment" (first occurring), insert ", or a data storage device, brought to or".

Omit "or other electronic equipment" (second and third occurring), substitute ", equipment or device".

Omit "or other electronic equipment", substitute ", equipment or device".

Omit "a storage device", substitute "any data storage device".

Omit "the storage device", substitute "the device".

Omit "of the computer or other electronic equipment by other persons", substitute "by other persons of a computer or other electronic equipment, or a data storage device, found on the subject premises".

Omit "or other electronic equipment" (second occurring), substitute ", equipment or device".

Omit "28 days", substitute "90 days".

Insert:

(aa) entering specified premises for the purposes of doing the things mentioned in this subsection;

Add:

or (iv) a data storage device;

Insert:

Authorisation of entry measures

(5A)

The warrant must:

(a) authorise the use of any force that is necessary and reasonable to do the things specified in the warrant; and
(b) state whether entry is authorised to be made at any time of the day or night or during stated hours of the day or night.

Omit "90 days", substitute "6 months".

Omit "90 days", substitute "6 months".

Omit "28 days", substitute "90 days".

Omit "or 26C(3)—6 months; or", substitute ", 26C(3), 27(2) or (3) or 27AA(5) or (8)—6 months;".

Repeal the paragraph.

Omit "in a material particular".

Insert:

(5A)

Subsection (5) does not apply if the statement is not false or misleading in a material particular.

Note: A defendant bears an evidential burden in relation to the matter in subsection (5A) (see subsection 13.3(3) of the Criminal Code ).

Omit "for such time as is reasonable".

Add:

(3)

A record or other thing, or an item, retained as mentioned in paragraph (1)(a) or (c) may be retained:

(a) if returning the record, thing or item would be prejudicial to security—only until returning the record, thing or item would no longer be prejudicial to security; and
(b) otherwise—for only such time as is reasonable.

(1) The amendments made by items 1, 3 to 20, 23 and 24 apply to warrants issued after this item commences.
(2) The amendments made by items 21 and 22 apply to statements made after this item commences.

Before "In this Part", insert "(1)".

Add:

Note: An obligation, prohibition or restriction imposed by a control order is not prescribed administrative action (see subsection (2)).

Add:

(2)

To avoid doubt, an obligation, prohibition or restriction imposed on a person by a control order made under Division 104 of the Criminal Code is not prescribed administrative action.

Customs Act 1901

Insert:

or (iii) the performance of functions under section 17 of the Australian Security Intelligence Organisation Act 1979 ; or
(iv) the performance of functions under section 6 of the Intelligence Services Act 2001 ; or
(v) security (within the meaning of section 4 of the Australian Security Intelligence Organisation Act 1979 );

Customs Administration Act 1985

Insert:

(ia) a purpose relating to the performance of functions under section 17 of the Australian Security Intelligence Organisation Act 1979 ;
(ib) a purpose relating to the performance of functions under section 6 of the Intelligence Services Act 2001 ;

Migration Act 1958

Omit "the security of the Commonwealth, of a State or of an internal or external Territory", substitute "security".

Insert: