Australian Security Intelligence Organisation Act 1979
No. 113, 1979
Compilation No. 83
Compilation date: 22 January 2026
Includes amendments: Act No. 1, 2026 and Act No. 2, 2026
About this compilation
This compilation
This is a compilation of the Australian Security Intelligence Organisation Act 1979 that shows the text of the law as amended and in force on 22 January 2026 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).
Application, saving and transitional provisions
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Presentational changes
The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part I—Preliminary
1 Short title
2 Commencement
3 Repeal
4 Definitions
4AA References to the Attorney‑General
4A Application of the Criminal Code
5 Extension of Act to external Territories
5A Copies of certain notices to be given to Inspector‑General
5B Substitution of references to the Attorney‑General
Part II—The Organisation and the Director‑General
6 Continuance of Organisation
7 Director‑General
8 Control of Organisation
8A Guidelines
9 Term of office of Director‑General
10 Remuneration and allowances of Director‑General
11 Leave of absence
12 Resignation
13 Termination of appointment
14 Acting Director‑General
15 Appointment of a Judge as Director‑General
16 Delegation
Part III—Functions and powers of Organisation
Division 1—General
17 Functions of Organisation
17AA Fees for advice and other services
17A Act not concerned with lawful dissent etc.
18 Communication of intelligence etc.
18A Unauthorised dealing with records
18B Unauthorised recording of information or matter
18C Offences against section 18, 18A or 18B—general rules
18D Offences against section 18, 18A or 18B—IGIS officials
19 Co
Overview
The Australian Security Intelligence Organisation Act 1979, enacted by the Australian Parliament, was introduced to address the need for a robust legal framework to govern the operations of the Australian Security Intelligence Organisation (ASIO). This legislation sought to ensure that ASIO could effectively perform its functions of obtaining and evaluating intelligence and providing security assessments while balancing those functions with the rights and freedoms of Australian citizens. The Act sets out the structure, powers, and responsibilities of ASIO, including the appointment and duties of the Director-General, the oversight mechanisms, and the legal constraints on the organisation's activities. Through subsequent amendments, the Act has been updated to reflect changing national security landscapes and legal standards, ensuring that ASIO's operations remain effective, lawful, and accountable. The continuous evolution of this Act underscores the importance of maintaining a dynamic and responsive legislative framework for Australia's principal intelligence agency.
Scope and Application
The Australian Security Intelligence Organisation Act 1979 (ASIO Act) governs the Australian Security Intelligence Organisation (ASIO), its functions, powers, and the conduct of its employees and affiliates. The Act applies to the Director-General, employees, and affiliates of ASIO, as well as to any person or entity providing services to ASIO under contract or agreement. It extends its jurisdiction to every part of Australia, including external territories. The Act sets out the core functions of ASIO, including the collection and analysis of intelligence, the provision of security assessments, and the conduct of special intelligence operations. It also delineates specific powers, such as the ability to issue warrants for searches, seizures, and surveillance, and to question individuals under certain circumstances. Importantly, the Act does not limit the right to lawful advocacy, protest, or dissent, and explicitly states that lawful advocacy, protest, or dissent shall not be regarded as prejudicial to security. Furthermore, the Act imposes various restrictions and safeguards, such as limitations on the unauthorised communication of intelligence, unauthorised recording of information, and the unauthorised dealing with ASIO records. It also outlines offences and penalties for breaches of these provisions. The Act is subject to review and amendment, with certain provisions having been repealed or modified by subsequent legislation, and it includes mechanisms for the oversight and accountability of ASIO's activities. The Act also includes provisions for the protection of ASIO employees and affiliates, such as immunity from civil liability for actions taken in good faith and within the scope of their duties, and restrictions on the disclosure of their identities.
Key Provisions
- The Australian Security Intelligence Organisation Act 1979 (ASIO Act) establishes the Australian Security Intelligence Organisation (ASIO) and outlines its functions and powers. Section 17(1) sets out the primary functions of ASIO, which include obtaining, correlating, and evaluating intelligence relevant to Australia's security, and advising the government on matters related to national security. The Director-General, appointed under Section 7, is responsible for the control and administration of ASIO. The Act also grants the Director-General the authority to issue guidelines to ASIO staff for the performance of their functions, as specified in Section 8A. Furthermore, ASIO is mandated to keep the Leader of the Opposition informed about its activities, as outlined in Section 21.
- The ASIO Act imposes several obligations on ASIO and its employees. For example, Section 18 mandates that intelligence communications must be made only by the Director-General or an authorised ASIO employee. Section 18A prohibits ASIO employees from dealing with intelligence records without proper authorisation, and Section 18B prohibits the unauthorised recording of information or making of records related to ASIO's functions. Additionally, Section 19A requires ASIO to cooperate with other intelligence and law enforcement agencies in the performance of its functions. ASIO must also ensure that its operations are limited to what is necessary for its functions, as stated in Section 20.
- The Act outlines various offences and penalties for breaches. For instance, unauthorised communication of intelligence or dealing with records can result in imprisonment for up to 10 years, as detailed in Sections 18 and 18A. Section 18D specifies that IGIS officials are exempt from these penalties if they act within the scope of their duties. Other offences include failing to surrender travel documents when required by a questioning warrant, which carries a penalty of up to 5 years imprisonment (Section 34G). ASIO employees and affiliates found guilty of unauthorised disclosure of information related to special intelligence operations face a penalty of up to 10 years imprisonment (Section 35P). Furthermore, making public the identity of an ASIO employee or affiliate, or disclosing such identity, is an offence punishable by up to 10 years imprisonment (Sections 92 and 92A). The Act also provides for the exclusion of evidence obtained through certain breaches from criminal proceedings (Section 34JF).
- Area of Law
- National Security Law
- Intelligence & Surveillance Law
- Administrative Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Offence Provisions
- Licensing & Registration
- Enforcement Powers
- Reporting & Disclosure Obligations
- Delegated & Subordinate Legislation
- Human Rights Law
