145Application for approval to obtain business records

1. The Director-General of an intelligence and security agency may apply for an approval to obtain business records from business agencies under business records directions.

2. An application for an approval must be made to—

3. the responsible Minister; and
4. the Chief Commissioner of Intelligence Warrants.

5. An application must be in writing and state—

6. the circumstances giving rise to the need to rely on the approval to issue business records directions to obtain business records; and
7. the business records or class of business records sought to be obtained under each business records direction issued under the approval (including, to avoid doubt, the time period to which those records or classes of records relate); and
8. the function under section 10, 11, or 14 that the intelligence and security agency would be performing in those circumstances; and
9. that applying for an intelligence warrant to obtain the business records is likely to be impractical in those circumstances, or the reason why it would otherwise not be appropriate in those circumstances to apply for an intelligence warrant to obtain the business records.