Intelligence and Security Act 2017

  • This version was replaced on 16 October 2017 to make corrections to Schedule 4 under section 25(1)(j)(iii) and (iv) of the Legislation Act 2012.
137 Permission to access restricted information granted on application made under section 136(2)(a)

The responsible Minister and a Commissioner of Intelligence Warrants may grant an application made under section 136(2)(a) and permit access to specified restricted information if they are satisfied—

(a)

that—

(i)

access to the restricted information is necessary to contribute to the protection of national security and to assist in protecting against any of the harms specified in section 58(2); and

(ii)

the further criteria in section 139 are met; or

(b)

that—

(i)

access to the restricted information will contribute to achieving the objective in section 9(b) or (c); and

(ii)

there are reasonable grounds to suspect that the person referred to in section 136(2)(a) is acting, or purporting to act, for or on behalf of—

(A)

a foreign person; or

(B)

a foreign organisation; or

(C)

a designated terrorist entity; and

(iii)

the further criteria in section 139 are met.