163 Reviews relating to authorisations and authorised activities

(1)

If a review conducted under section 158(1)(i)(i) identifies any irregularity in the issue of an authorisation to an intelligence and security agency (an irregular authorisation),—

(a)

the finding does not—

(i)

invalidate the authorisation; or

(ii)

invalidate any action taken by the intelligence and security agency, or any other person, in reliance on the authorisation or any information obtained under it; or

(iii)

require any information obtained under the authorisation to be destroyed:

(b)

the Inspector-General may report the irregular authorisation to—

(i)

the Minister responsible for the intelligence and security agency and to the Chief Commissioner of Intelligence Warrants, in the case of an authorisation that—

(A)

is a Type 1 intelligence warrant; or

(B)

is given under section 78(2)(a); or

(ii)

the Minister responsible for the intelligence and security agency, in the case of any other kind of authorisation.

(2)

If a review conducted under section 158(1)(i)(ii) identifies any irregularity in the carrying out of an authorised activity by an intelligence and security agency (an irregular activity),—

(a)

the finding does not—

(i)

invalidate the authorisation that authorised the activity; or

(ii)

make the activity unlawful; or

(iii)

require any information obtained during the carrying out of the activity to be destroyed:

(b)

the Inspector-General may report the irregular activity to—

(i)

the Minister responsible for the intelligence and security agency and to the Chief Commissioner of Intelligence Warrants, in the case of an activity authorised by—

(A)

a Type 1 intelligence warrant; or

(B)

an authorisation given under section 78(2)(a); or

(ii)

the Minister responsible for the intelligence and security agency, in the case of an activity authorised by any other kind of authorisation.

(3)

The Inspector-General may include in his or her report under subsection (1)(b) or (2)(b) a recommendation that all or any specified information obtained under an irregular authorisation or as a result of irregular activity be destroyed.