Government Communications Security Bureau Act 2003

  • repealed
  • Government Communications Security Bureau Act 2003: repealed, on 28 September 2017, by section 242(3)(c) of the Intelligence and Security Act 2017 (2017 No 10).

Authorisations to intercept communications or access information infrastructures

Heading: inserted, on 26 September 2013, by section 15 of the Government Communications Security Bureau Amendment Act 2013 (2013 No 57).

15A Authorisation to intercept communications or access information infrastructures

(1)

For the purpose of performing the Bureau’s functions under section 8A or 8B, the Director may apply in writing to the Minister for the issue of—

(a)

an interception warrant authorising the use of interception devices to intercept communications not otherwise lawfully obtainable by the Bureau of the following kinds:

(i)

communications made or received by 1 or more persons or classes of persons specified in the authorisation or made or received in 1 or more places or classes of places specified in the authorisation:

(ii)

communications that are sent from, or are being sent to, an overseas country:

(b)

an access authorisation authorising the accessing of 1 or more specified information infrastructures or classes of information infrastructures that the Bureau cannot otherwise lawfully access.

(2)

The Minister may grant the proposed interception warrant or access authorisation if satisfied that—

(a)

the proposed interception or access is for the purpose of performing a function of the Bureau under section 8A or 8B; and

(b)

the outcome sought to be achieved under the proposed interception or access justifies the particular interception or access; and

(c)

the outcome is not likely to be achieved by other means; and

(d)

there are satisfactory arrangements in place to ensure that nothing will be done in reliance on the warrant or authorisation beyond what is necessary for the proper performance of a function of the Bureau; and

(e)

there are satisfactory arrangements in place to ensure that the nature and consequences of acts done in reliance on the warrant or authorisation will be reasonable, having regard to the purposes for which they are carried out.

(3)

Before issuing a warrant or an authorisation, the Minister must consult the Minister of Foreign Affairs about the proposed warrant or authorisation.

(4)

The Minister may issue a warrant or an authorisation subject to any conditions that the Minister considers desirable in the public interest.

(5)

This section applies despite anything in any other Act.

Section 15A: inserted, on 26 September 2013, by section 15 of the Government Communications Security Bureau Amendment Act 2013 (2013 No 57).