Australian Security Intelligence Organisation Regulation 2016 (Cth)
made under the
This is a compilation of the
The notes at the end of this compilation (the
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
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.
For more information about any editorial changes made in this compilation, see the endnotes.
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. For more information on any modifications, see the Register for the compiled law.
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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
This is the
Australian Security Intelligence Organisation Regulation 2016 .
This instrument is made under the
Australian Security Intelligence Organisation Act 1979 .
In this instrument:
Act means theAustralian Security Intelligence Organisation Act 1979 .
affected person:
(a) in relation to an internally reviewable decision—has the meaning given by section 82H of the Act; and
(b) in relation to an externally reviewable decision—has the meaning given by section 83 of the Act; and
(c) in relation to an independently reviewable decision—has the meaning given by section 83EA of the Act.
externally reviewable decision has the meaning given by section 83 of the Act.
independently reviewable decision has the meaning given by section 83EA of the Act.
independent reviewer means a person engaged as an independent reviewer under section 83EF of the Act.
internally reviewable decision has the meaning given by section 82H of the Act.
internal reviewer has the meaning given by subsection 82L(1) of the Act.
security information means information to which access is controlled or limited on security grounds, otherwise than by section 8.
For paragraph 19A(1)(e) of the Act, the Defence Department is prescribed.
For the purposes of subsection 34GF(6) of the Act, a prescribed authority must not give a direction to a lawyer for the subject of a questioning warrant to communicate to anyone else information that:
(a) is obtained during:
(i) questioning of the subject under the warrant; or
(ii) apprehension of the subject in connection with the warrant; and
(b) relates to:
(i) sources or holdings of intelligence; or
(ii) the Organisation’s method of operations.
Note: A disclosure of information in contravention of a direction given by a prescribed authority under subsection 34GF(6) of the Act may not be a permitted disclosure for the purposes of section 34GF of the Act.
(1) For the purposes of section 34FH of the Act, this section regulates access to security information by a lawyer acting for a person in connection with proceedings for a remedy relating to:
(a) a questioning warrant in relation to the person; or
(b) the treatment of the person in connection with such a warrant.
(2) Access to security information may be given to the lawyer only if:
(a) the lawyer has been given a security clearance in relation to the information at the level considered appropriate by the Secretary of the Department; or
(b) the Secretary of the Department is satisfied that giving the lawyer access to the information would not be prejudicial to the interests of security.
Note: Security clearances are given in accordance with the Australian Government Protective Security Policy Framework.
(3) Access to security information may be given to the lawyer subject to any conditions that the Secretary of the Department considers appropriate, including conditions relating to the use, handling, storage or disclosure of the information.
(4) Nothing in this section entitles a lawyer who has been given a security clearance to be given access to security information.
For the purposes of subsections 38(1) and 38A(2) of the Act, the following information is prescribed for a notice given to a person in relation to an adverse or qualified security assessment in respect of the person:
(a) a statement that the Organisation is an exempt agency under subsection 7(1) of the
Freedom of Information Act 1982 and the person is not able to obtain access to documents or information about the assessment under that Act;(b) information about the following matters:
(i) how the person may seek review, by the Administrative Review Tribunal, of the assessment, including how the application for that review is to be made;
(ii) whether there are any time limits for seeking that review and, if so, what those time limits are;
(iii) whether or not a fee is payable for that review and, if so, the amount of the fee and when it is payable;
(iv) whether the Administrative Review Tribunal is required to conduct the review within a particular period and, if so, what that period is;
(v) any procedures of the Administrative Review Tribunal that the Organisation considers that the person should be made aware of, including whether the person may be contacted by the Administrative Review Tribunal.
For the purposes of subsection 82J(2) of the Act, the following information is prescribed for a notice given to an affected person in relation to an internally reviewable decision referred to in subsection 82J(1) of the Act:
(a) a statement that the Organisation is an exempt agency under subsection 7(1) of the
Freedom of Information Act 1982 and the affected person is not able to obtain access to documents or information about the decision under that Act;(b) information about the following matters:
(i) how an affected person may seek review, by an internal reviewer, of the internally reviewable decision, including how the application for that review is to be made;
(ii) whether there are any time limits for seeking that review and, if so, what those time limits are;
(iii) whether or not a fee is payable for that review and, if so, the amount of the fee and when it is payable;
(iv) whether the internal reviewer is required to conduct the review within a particular period and, if so, what that period is;
(v) any procedures of the internal reviewer that the Organisation considers that an affected person should be made aware of, including whether an affected person may be contacted by the internal reviewer.
For the purposes of subsection 82L(6) or 83A(2) of the Act, the following information is prescribed for a notice given to an affected person in relation to an externally reviewable decision referred to in subsection 82L(5) or 83A(1) of the Act:
(a) a statement that the Organisation is an exempt agency under subsection 7(1) of the
Freedom of Information Act 1982 and the affected person is not able to obtain access to documents or information about the decision under that Act;(b) information about the following matters:
(i) how an affected person may seek review, by the Administrative Review Tribunal, of the externally reviewable decision, including how the application for that review is to be made;
(ii) whether there are any time limits for seeking that review and, if so, what those time limits are;
(iii) whether or not a fee is payable for that review and, if so, the amount of the fee and when it is payable;
(iv) whether the Administrative Review Tribunal is required to conduct the review within a particular period and, if so, what that period is;
(v) any procedures of the Administrative Review Tribunal that the Organisation considers that an affected person should be made aware of, including whether an affected person may be contacted by the Administrative Review Tribunal.
For the purposes of subsection 82L(6A) of the Act, the following information is prescribed for a notice given to an affected person in relation to an independently reviewable decision referred to in subsection 82L(5) of the Act:
(a) a statement that the Organisation is an exempt agency under subsection 7(1) of the
Freedom of Information Act 1982 and the affected person is not able to obtain access to documents or information about the decision under that Act;(b) information about the following matters:
(i) how an affected person may seek review, by an independent reviewer, of the independently reviewable decision, including how the application for that review is to be made;
(ii) whether there are any time limits for seeking that review and, if so, what those time limits are;
(iii) whether or not a fee is payable for that review and, if so, the amount of the fee and when it is payable;
(iv) whether the independent reviewer is required to conduct the review within a particular period and, if so, what that period is;
(v) any procedures of the independent reviewer that the Organisation considers that an affected person should be made aware of, including whether an affected person may be contacted by the independent reviewer.
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
The abbreviation key sets out abbreviations that may be used in the endnotes.
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
The
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = | Sch = Schedule(s) |
LIA = | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | |
No. = Number(s) | commenced or to be commenced |
Australian Security Intelligence Organisation Regulation 2016 | 31 Mar 2016 (F2016L00460) | 1 Apr 2016 (s 2(1) item 1) | |
Australian Security Intelligence Organisation Amendment (Permitted Disclosure) Regulations 2021 | 5 Feb 2021 (F2021L00098) | 6 Feb 2021 (s 2(1) item 1) | — |
Australian Security Intelligence Organisation Amendment (Notification of Review Rights) Regulations 2023 | 6 July 2023 (F2023L00979) | 7 July 2023 (s 2(1) item 1) | — |
Statute Law Amendment (Prescribed Forms) Regulations 2024 | 15 Mar 2024 (F2024L00294) | Sch 1 (items 8, 9): 20 Mar 2024 (s 2(1) item 1) | — |
Administrative Review Tribunal Legislation Consequential Amendments (2024 Measures No. 1) Regulations 2024 | 11 Oct 2024 (F2024L01299) | Sch 2 (items 1–3): 14 Oct 2024 (s 2(1) item 1) | — |
s 2............................................. | rep LA s 48D |
s 4............................................. | rep LA s 48C |
s 5............................................. | am F2021L00098; F2023L00979 |
s 7............................................. | rs F2021L00098 |
s 8............................................. | am F2021L00098 |
s 9............................................. | am F2023L00979 |
rs F2024L00294; F2024L01299 | |
s 10............................................ | ad F2023L00979 |
s 11............................................ | ad F2023L00979 |
am F2024L01299 | |
s 12............................................ | ad F2023L00979 |
Schedule 1 heading...................... | rs F2023L00979 |
Schedule 1.................................. | am F2023L00979; F2024L00294 |
rep F2024L01299 | |
Schedule 2.................................. | rep LA s 48C |
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