Intelligence Services Act 2001 (Cth)

Intelligence Services Act 2001

No. 152, 2001

Compilation No. 50

Compilation date: 30 November 2024

Includes amendments: Act No. 99, 2024

About this compilation

This compilation

This is a compilation of the Intelligence Services Act 2001 that shows the text of the law as amended and in force on 30 November 2024 (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. 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.

Application, saving and transitional provisions for provisions and amendments

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.

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. For more information on any modifications, see the Register for the compiled law.

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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

An Act relating to the Australian intelligence services, and for related purposes

Part 1Preliminary 1Short title

This Act may be cited as the Intelligence Services Act 2001.

2Commencement

This Act commences 28 days after the day on which it receives the Royal Assent.

3Definitions

(1)
In this Act, unless the contrary intention appears:
AFP means the Australian Federal Police.
agency means ASIS, AGO or ASD.
agency head means:
1. (a)
  in relation to ASIS—the Director‑General of ASIS; and
2. (b)
  in relation to AGO—the Director of AGO; and
3. (c)
  in relation to ASD—the Director‑General of ASD.
AGO means that part of the Defence Department known as the Australian Geospatial‑Intelligence Organisation.
APS Agency means an Agency within the meaning of the Public Service Act 1999.
ASD means the Australian Signals Directorate.
ASD contract means a contract, to which ASD is a party, under which services are to be, or were to be, provided to ASD.
ASIO means the Australian Security Intelligence Organisation.
ASIS means the Australian Secret Intelligence Service.
Australia, when used in a geographical sense, includes the external Territories.
Australian person means a person who is:
1. (a)
  an Australian citizen; or
2. (b)
  a permanent resident.
authority, of another country, has a meaning affected by subsection (2).
Chair means the Chair of the Committee.
Committee means the Parliamentary Joint Committee on Intelligence and Security.
Commonwealth authority includes:
1. (a)
  an Agency within the meaning of the Public Service Act 1999; and
2. (b)
  a Department within the meaning of the Parliamentary Service Act 1999; and
3. (c)
  the Defence Force; and
4. (d)
  a body (whether incorporated or not) established, or continued in existence, for a public purpose by or under a law of the Commonwealth; and
5. (e)
  a body corporate in which the Commonwealth or a body referred to in paragraph (d) has a controlling interest.
Commonwealth body, for the purposes of Division 1A of Part 6, has the meaning given by subsection 41BA(5).
Commonwealth enforcement body, for the purposes of Division 1A of Part 6, has the meaning given by subsection 41BA(5).
computer has the same meaning as in the Security of Critical Infrastructure Act 2018.
contracted service provider, for an ASD contract, means:
1. (a)
  a person who is a party to the ASD contract and who is responsible for the provision of services to ASD under the ASD contract; or
2. (b)
  a subcontractor for the ASD contract.
coronial inquiry means a coronial inquiry, coronial investigation or coronial inquest under a law of the Commonwealth, or of a State or Territory.
court includes a tribunal, authority or person that has power to require the production of documents or the answering of questions.
cybercrime means activities that involve committing a serious crime by, or facilitated by, the use of electromagnetic energy, whether guided or unguided or both.
cyber security incident has the meaning given by subsection 41BA(4).
Defence Department means the Department of State that deals with defence and that is administered by the Defence Minister.
Defence Minister means the Minister administering section 1 of the Defence Act 1903.
DIO means that part of the Defence Department known as the Defence Intelligence Organisation.
Director‑General of National Intelligence means the Director‑General of National Intelligence holding office under the Office of National Intelligence Act 2018.
Director‑General of Security means the Director‑General of Security holding office under the Australian Security Intelligence Organisation Act 1979.
emergency response function includes, but is not limited to, a function in relation to:
1. (a)
  search and rescue; or
2. (b)
  emergency rescue; or
3. (c)
  response to natural disasters.
entity, for the purposes of Division 1A of Part 6, has the meaning given by subsection 41BA(5).
Foreign Affairs Minister means the Minister administering the Diplomatic Privileges and Immunities Act 1967.
foreign power has the same meaning as in the Australian Security Intelligence Organisation Act 1979.
IGIS official (short for Inspector‑General of Intelligence and Security official) means:
1. (a)
  the Inspector‑General of Intelligence and Security; or
2. (b)
  a person covered by subsection 32(1) of the Inspector‑General of Intelligence and Security Act 1986.
Immigration and Border Protection Department means the Department administered by the Minister administering the Australian Citizenship Act 2007.
incidentally obtained intelligence means intelligence:
1. (a)
  that is obtained by ASIS in the course of obtaining intelligence under subsection 6(1) (other than intelligence obtained solely in the course of obtaining intelligence under paragraph 6(1)(da)), by AGO in the course of obtaining intelligence under paragraph 6B(1)(a), (b) or (c) or by ASD in the course of obtaining intelligence under paragraph 7(1)(a); and
2. (b)
  that is not intelligence of a kind referred to in those provisions.
Inspector‑General of Intelligence and Security means the Inspector‑General of Intelligence and Security appointed under the Inspector‑General of Intelligence and Security Act 1986.
intelligence information means the following:
1. (a)
  intelligence obtained by ASIS under subsection 6(1) (other than intelligence obtained solely under paragraph 6(1)(da));
2. (b)
  intelligence obtained by AGO under paragraph 6B(1)(a), (b) or (c);
3. (c)
  intelligence obtained by ASD under paragraph 7(1)(a);
4. (ca)
  intelligence obtained or produced by DIO in the performance of its intelligence functions;
5. (d)
  incidentally obtained intelligence.
involved with a listed terrorist organisation has a meaning affected by subsection 9(1AAB).
limited cyber security information has the meaning given by subsection 41BA(1).
listed terrorist organisation has the same meaning as in subsection 100.1(1) of the Criminal Code.
member means a member of the Committee, and includes the Chair.
ONI means the Office of National Intelligence.
operational security of ASIS means the protection of the integrity of operations undertaken by ASIS from:
1. (a)
  interference by a foreign person or entity; or
2. (b)
  reliance on inaccurate or false information.
paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).
paramilitary activities means activities involving the use of an armed unit (or other armed group) that is not part of a country’s official defence or law enforcement forces.
permanent resident means:
1. (a)
  a natural person who is a permanent resident within the meaning of the Australian Security Intelligence Organisation Act 1979; or
2. (b)
  a body corporate incorporated under a law in force in a State or Territory, other than a body corporate whose activities one or more of the following controls, or is in a position to control, whether directly or indirectly:
  1. (i)
    a foreign power;
  2. (ii)
    a natural person who is neither an Australian citizen nor a person covered by paragraph (a);
  3. (iii)
    a group of natural persons, none of whom is an Australian citizen or a person covered by paragraph (a).
police functions means:
1. (a)
  the arrest, charging or detention of suspected offenders; or
2. (b)
  any other activity undertaken for the purposes of prosecuting, or for determining whether to prosecute, an offence.
prescribed activity has the meaning given by subsection 8(1B).
record means a document, or any other object by which words, images, sounds or signals are recorded or stored or from which information can be obtained, and includes part of a record.
Note: For the definition of document, see section 2B of the Acts Interpretation Act 1901.
responsible Minister means:
1. (a)
  in relation to ASIO—the Minister responsible for ASIO; and
2. (b)
  in relation to an agency—the Minister responsible for the agency; and
3. (ba)
  in relation to DIO—the Minister responsible for DIO; and
4. (c)
  in relation to ONI—the Minister responsible for ONI.
retained data activity means an activity relating to information, or documents, that a service provider has been required to keep under Part 5‑1A of the Telecommunications (Interception and Access) Act 1979.
serious crime means conduct that, if engaged in within, or in connection with, Australia, would constitute an offence against the law of the Commonwealth, a State or a Territory punishable by imprisonment for a period exceeding 12 months.
service provider has the same meaning as in the Telecommunications (Interception and Access) Act 1979.
signals includes electromagnetic emissions.
staff member, subject to subsection 41AC(3), means:
1. (a)
  in relation to ASIO—a member of the staff of ASIO (whether an employee of ASIO, a consultant or contractor to ASIO, or a person who is made available by another Commonwealth or State authority or other person to perform services for ASIO); and
2. (b)
  in relation to an agency—a member of the staff of the agency (whether an employee of the agency, a consultant or contractor to the agency, or a person who is made available by another Commonwealth or State authority or other person to perform services for the agency); and
(c) in relation to DIO—a member of the staff of that part of the Defence Department known as the Defence Intelligence Organisation, whether:
1. (i)
  an employee, a consultant or contractor that works in that part of the Defence Department; or
2. (ii)
  a person who is made available by another Commonwealth authority, a State authority or other person to perform services for that part of the Defence Department.
State authority includes:
1. (a)
  a Department of State of a State or Territory or a Department of the Public Service of a State or Territory; and
2. (b)
  a body (whether incorporated or not) established, or continued in existence, for a public purpose by or under a law of a State or Territory; and
3. (c)
  a body corporate in which a State, Territory or a body referred to in paragraph (b) has a controlling interest.
State body, for the purposes of Division 1A of Part 6, has the meaning given by subsection 41BA(5).
subcontractor, for an ASD contract, means a person:
1. (a)
  who is a party to a contract (the subcontract):
  1. (i)
    with a contracted service provider for the ASD contract (within the meaning of paragraph (a) of the definition of contracted service provider); or
  2. (ii)
    with a subcontractor for the ASD contract (under a previous application of this definition); and
2. (b)
  who is responsible under the subcontract for the provision of services to ASD, or to a contracted service provider for the ASD contract, for the purposes (whether direct or indirect) of the ASD contract.
(2)
For the purposes of determining whether a body is an authority of another country, it does not matter whether:
1. (a)
  the body is established by a law of the country; or
2. (b)
  the body is connected with an internationally recognised government of the country.

3AReferences to Ministers

Despite section 19 of the Acts Interpretation Act 1901, in this Act:
(a)
a reference to the responsible Minister in relation to a relevant agency is a reference only to the most senior responsible Minister in relation to that agency; and
(b)
a reference to the Prime Minister or the Attorney‑General is a reference only to the Minister with that title; and
(c)
a reference to the Defence Minister is a reference only to the most senior Defence Minister; and
(d)
a reference to the Foreign Affairs Minister is a reference only to the most senior Foreign Affairs Minister; and
(e)
a reference to the Minister responsible for administering the Australian Security Intelligence Organisation Act 1979 is a reference only to the most senior such Minister.
Note: A reference to a Minister mentioned in this section may include a reference to a person acting as that Minister (see subsection 19(4) of the Acts Interpretation Act 1901).

4Extension to external Territories

This Act extends to every external Territory.

5Application of Criminal Code

(1)
Chapter 2 of the Criminal Code applies to all offences against this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
(2)
Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to all offences against this Act.

Part 2Functions of the agenciesDivision 1Functions of the agencies6Functions of ASIS

(1)
The functions of ASIS are:
1. (a)
  to obtain, in accordance with the Government’s requirements, intelligence about the capabilities, intentions or activities of people or organisations outside Australia; and
2. (b)
  to communicate, in accordance with the Government’s requirements, such intelligence; and
3. (ba)
  to provide assistance to the Defence Force in support of military operations and to cooperate with the Defence Force on intelligence matters; and
4. (c)
  to conduct counter‑intelligence activities; and
5. (d)
  to liaise with intelligence or security services, or other authorities, of other countries; and
6. (da)
  to cooperate with and assist bodies referred to in section 13A in accordance with that section; and
7. (db)
  to undertake activities in accordance with section 13B; and
8. (e)
  to undertake the following other activities relating to the capabilities, intentions or activities of people or organisations outside Australia:
  1. (i)
    such activities of a general or specific nature as the responsible Minister directs;
  2. (ii)
    activities included in such a class or classes of activity or activities as the responsible Minister directs.
(1A)
Without limiting subparagraph (1)(e)(i), a direction given under that subparagraph may specify the purpose or purposes for which an activity or activities are to be undertaken.
(1B)
Without limiting subparagraph (1)(e)(ii), a direction given under that subparagraph may specify the purpose or purposes for which a class or classes of activity or activities are to be undertaken.
(2)
The responsible Minister may give a direction under subparagraph (1)(e)(i) or (ii) only if the Minister:
1. (a)
  has consulted other Ministers who have related responsibilities; and
(b) is satisfied that there are satisfactory arrangements in place to ensure that, in carrying out the direction, nothing will be done beyond what is necessary having regard to the purposes for which the direction is given; and
1. (c)
  is satisfied that there are satisfactory arrangements in place to ensure that the nature and consequences of acts done in carrying out the direction will be reasonable having regard to the purposes for which the direction is given.
(3)
A direction under subparagraph (1)(e)(i) or (ii) must be in writing.
Note: If the Minister gives a direction under subparagraph (1)(e)(i) or (ii), the Minister must give a copy of the direction to the Inspector‑General of Intelligence and Security as soon as practicable after the direction is given to the head of ASIS (see section 32B of the Inspector‑General of Intelligence and Security Act 1986).
(3A)
A direction under subparagraph (1)(e)(i) or (ii) is not a legislative instrument.
(4)
In performing its functions, ASIS must not plan for, or undertake, activities that involve:
1. (a)
  paramilitary activities; or
2. (b)
  violence against the person; or
3. (c)
  the use of weapons;
by staff members or agents of ASIS.
Note 1: This subsection does not prevent ASIS from being involved with the planning or undertaking of activities covered by paragraphs (a) to (c) by other organisations provided that staff members or agents of ASIS do not undertake those activities.
Note 2: For other limits on the agency’s functions and activities see sections 11 and 12.
Note 3: For paramilitary activities see section 3.
(5)
Subsection (4) does not prevent:
1. (a)
  the provision of weapons, or training in the use of weapons or in self‑defence techniques, in accordance with Schedule 2; or
2. (b)
  the use of weapons or self‑defence techniques in accordance with Schedule 2.
(5A)
Subsection (4) does not prevent:
1. (a)
  the provision of weapons, or training in the use of force (including in the use of weapons) against a person, in accordance with Schedule 3, for the purposes of activities undertaken by ASIS outside Australia; or
2. (b)
  the use of force against a person (including the use of weapons), in accordance with Schedule 3, in the course of activities undertaken by ASIS outside Australia; or
3. (c)
  the threat of the use of force against a person (including the threat of the use of weapons), in accordance with Schedule 3, in the course of activities undertaken by ASIS outside Australia.
(5B)
Nothing in subsection (5) or (5A) permits conduct by a person (the actor) that:
1. (a)
  would constitute torture; or
2. (b)
  would subject a person to cruel, inhuman or degrading treatment; or
3. (c)
  would involve the commission of a sexual offence against any person; or
4. (d)
  is likely to cause the death of, or grievous bodily harm to, a person, unless the actor believes on reasonable grounds that the conduct is necessary to protect life or to prevent serious injury to another person (including the actor).
(5C)
Nothing in subsection (5) or Schedule 2 limits the operation of subsection (5A) or Schedule 3.
(5D)
Nothing in subsection (5A) or Schedule 3 limits the operation of subsection (5) or Schedule 2.
(6)
ASIS must not:
1. (a)
  provide weapons; or
2. (b)
  provide training in the use of weapons; or
3. (c)
  provide training in the use of force, or the threat of the use of force, against a person; or
4. (d)
  provide training in the use of self‑defence techniques;
other than in accordance with Schedule 2 or Schedule 3.
(7)
In performing its functions, ASIS is not prevented from providing assistance to Commonwealth authorities and to State authorities.

6ACommittee to be advised of other activities

If the responsible Minister gives a direction under subparagraph 6(1)(e)(i) or (ii), the Minister must as soon as practicable advise the Committee of the nature of the activity or activities to be undertaken in accordance with the direction.
Note: For Committee see section 3.

6BFunctions of AGO

(1)
The functions of AGO are:
1. (a)
  to obtain geospatial, hydrographic, meteorological, oceanographic and imagery intelligence about the capabilities, intentions or activities of people or organisations outside Australia from the electromagnetic spectrum or other sources, for the purposes of meeting the requirements of the Government for such intelligence; and
2. (b)
  to obtain geospatial, hydrographic, meteorological, oceanographic and imagery intelligence from the electromagnetic spectrum or other sources for the purposes of meeting the operational, targeting, training and exercise requirements of the Defence Force; and
3. (c)

1. to obtain geospatial, hydrographic, meteorological, oceanographic and imagery intelligence from the electromagnetic spectrum or other sources for the purposes of supporting Commonwealth authorities and State authorities in carrying out national security functions; and
2. (d)
  to communicate, in accordance with the Government’s requirements, intelligence referred to in paragraph (a), (b) or (c); and
3. (e)
  to provide the following to persons and bodies mentioned in subsection (2):
  1. (i)
    imagery and other geospatial, hydrographic, meteorological and oceanographic products, not being intelligence obtained under paragraph (a), (b) or (c) of this subsection;
  2. (ii)
    assistance in relation to the production and use of imagery and other geospatial, hydrographic, meteorological and oceanographic products;
  3. (iii)
    assistance in relation to the production and use of imagery technologies and other geospatial, hydrographic, meteorological and oceanographic technologies; and
4. (ea)
  to provide to any persons or bodies (including Commonwealth authorities and State authorities) assistance in relation to the performance by the persons or bodies of emergency response functions, safety functions, scientific research functions, economic development functions, cultural functions and environmental protection functions, if:
  1. (i)
    the provision of the assistance is incidental to the performance by AGO of its other functions; or
  2. (ii)
    the assistance is capable of being conveniently provided by the use of resources that are not immediately required in performing AGO’s other functions; or
  3. (iii)
    the assistance is capable of being conveniently provided in the course of performing AGO’s other functions; and
5. (f)
  to cooperate with and assist bodies referred to in section 13A in accordance with that section; and
6. (g)
  to provide assistance to the Defence Force in support of military operations and to cooperate with the Defence Force on intelligence matters; and
7. (h)
  the functions mentioned in subsection 223(2) of the Navigation Act 2012 (to the extent they are not covered by another paragraph of this subsection).
Note 1: For limits on the agency’s functions and activities see sections 11 and 12.
Note 2: Subsection 223(2) of the Navigation Act 2012 deals with the functions of the Australian Hydrographic Office, which is part of AGO (see subsection (3) of this section).
(2)
Paragraph (1)(e) applies to providing imagery and other products, or assistance in relation to imagery and other products or technologies, to the following:
1. (a)
  a Commonwealth authority;
2. (b)
  a State authority of a Territory;
3. (c)
  a foreign person or entity;
4. (d)
  any other person or body (including a State authority of a State) if:
  1. (i)
    the imagery and other products or technologies are for use in, or incidental to, trade and commerce with other countries, among the States, between Territories or between a Territory and a State, or are for use outside Australia; or
  2. (ii)
    the imagery and other products or assistance are provided by way of postal, telegraphic, telephonic or other like services.
Note: For State authority, see section 3.
(3)
The Australian Hydrographic Office mentioned in section 223 of the Navigation Act 2012 is part of the AGO.
Fees
(4)
AGO may, on behalf of the Commonwealth, charge a fee in relation to anything done in performing AGO’s functions under paragraph (1)(e), (ea) or (h).
(5)
A fee must not be such as to amount to taxation.

7Functions of ASD

(1)
The functions of ASD are:
1. (a)
  to obtain intelligence about the capabilities, intentions or activities of people or organisations outside Australia in the form of electromagnetic energy, whether guided or unguided or both, or in the form of electrical, magnetic or acoustic energy, for the purposes of meeting the requirements of the Government, and in particular the requirements of the Defence Force, for such intelligence; and
2. (b)
  to communicate, in accordance with the Government’s requirements, such intelligence; and
3. (c)
  to prevent and disrupt, by electronic or similar means, cybercrime undertaken by people or organisations outside Australia; and
4. (ca)
  to provide material, advice and other assistance to any person or body mentioned in subsection (2) on matters relating to the security and integrity of information that is processed, stored or communicated by electronic or similar means; and
5. (d)
  to provide assistance to the Defence Force in support of military operations and to cooperate with the Defence Force on intelligence matters; and
6. (da)
  to protect specialised technologies acquired in connection with the performance of any of the preceding functions; and
7. (e)
  to provide assistance to Commonwealth authorities and State authorities in relation to:
  1. (i)
    cryptography, and communication and computer technologies; and
  2. (ii)
    other specialised technologies acquired in connection with the performance of its other functions; and
  3. (iii)
    the performance by those authorities of search and rescue functions; and
8. (f)
  to cooperate with and assist bodies referred to in section 13A in accordance with that section.
Note: For limits on the agency’s functions and activities see sections 11 and 12.
(2)
For the purposes of paragraph (1)(ca), material, advice and other assistance may be provided to the following:
1. (a)
  a Commonwealth authority;
2. (b)
  a State authority;
3. (c)
  a foreign person or entity;
4. (d)
  any other person or body if:
  1. (i)
    the material, advice and other assistance are provided for the purpose of protecting or facilitating trade and commerce with other countries, among the States, between Territories or between a Territory and a State, or outside Australia; or
  2. (ii)
    the material, advice and other assistance are provided by way of a postal, telegraphic, telephonic or other like service (within the meaning of paragraph 51(v) of the Constitution); or
  3. (iii)
    the information was obtained or generated in the operation of a postal, telegraphic, telephonic or other like service (within the meaning of paragraph 51(v) of the Constitution).
Note: For State authority, see section 3.

8Ministerial directions

(1)
The responsible Minister in relation to ASIS, the responsible Minister in relation to AGO and the responsible Minister in relation to ASD, must issue a written direction under this subsection to the relevant agency head. The direction must:
1. (a)
  require the agency to obtain an authorisation under section 9, 9A, 9B or 9D (as the case requires) before:
  1. (i)
    undertaking an activity, or a series of activities, for the specific purpose, or for purposes which include the specific purpose, of producing intelligence on an Australian person; or
  2. (iaa)
    undertaking an activity, or a series of activities, for the specific purpose, or for purposes which include the specific purpose, of producing intelligence on one or more members of a class of Australian persons; or
  3. (ia)
    undertaking, in the course of providing assistance to the Defence Force in support of military operations under paragraph 6(1)(ba), 6B(1)(g) or 7(1)(d), an activity, or a series of activities, for the specific purpose, or for purposes which include the specific purpose, of producing intelligence on one or more members of a class of Australian persons; or
  4. (ib)
    undertaking, in the course of providing assistance to the Defence Force in support of military operations under paragraph 6(1)(ba), an activity, or a series of activities, that will, or is likely to, have a direct effect on one or more members of a class of Australian persons; or
  5. (ii)
    undertaking, in accordance with a direction under subparagraph 6(1)(e)(i) or (ii), an activity, or a series of activities, that will, or is likely to, have a direct effect on an Australian person; or
  6. (iii)
    undertaking, in accordance with paragraph 7(1)(c), an activity, or a series of activities, for the specific purpose, or for purposes which include the specific purpose, of preventing or disrupting cybercrime undertaken by, or enabled by, an Australian person; and
2. (b)
  specify the circumstances in which the agency must, before undertaking other activities or classes of activities, obtain an authorisation under section 9, 9A or 9B (as the case requires).
(1A)
For the purposes of subparagraphs (1)(a)(i), (iaa) and (ia), an agency undertakes an activity, or a series of activities, for the specific purpose, or for purposes which include the specific purpose, of producing intelligence on an Australian person, or one or more members of a class of Australian persons, only if:
1. (a)
  the agency undertakes a prescribed activity to obtain that intelligence; or
2. (b)
  the agency expressly or impliedly requests an authority referred to in paragraph 13(1)(c) to undertake a prescribed activity to obtain that intelligence.
(1B)
Prescribed activity means a covert and intrusive activity, or a series of covert and intrusive activities and, to avoid doubt, includes an activity, or a series of activities, that ASIO could not undertake in at least one State or Territory without it being authorised by warrant under:
1. (a)
  Division 2 of Part III of the Australian Security Intelligence Organisation Act 1979; or
2. (b)
  Part 2‑2 of the Telecommunications (Interception and Access) Act 1979.
(2)
The responsible Minister may give written directions to be observed:
1. (a)
  in the performance by the relevant agency of its functions; or
2. (b)
  in the case of ASIS—in the exercise of the powers of the Director‑General of ASIS under section 33 or 34.
(3)
Each agency head must ensure that the agency complies with any direction given by the responsible Minister under this section.
(4)
Directions under paragraph (2)(b) must not relate to a specific staff member.
(5)
A direction given under this section is not a legislative instrument.
Note: The Inspector‑General of Intelligence and Security has oversight powers in relation to Ministerial directions and authorisations given under this Act. See in particular section 32B of the Inspector‑General of Intelligence and Security Act 1986 (which requires the Minister to give a copy of a direction under this section to the Inspector‑General of Intelligence and Security as soon as practicable after the direction is given).

9Ministerial authorisation

Preconditions for giving authorisation
(1)
Before a Minister gives an authorisation, the Minister must be satisfied that:
(a)
any activities which may be done in reliance on the authorisation will be necessary for the proper performance of a function of the agency concerned; and
(b)
there are satisfactory arrangements in place to ensure that nothing will be done in reliance on the authorisation beyond what is necessary for the proper performance of a function of the agency; and
(c)
there are satisfactory arrangements in place to ensure that the nature and consequences of acts done in reliance on the authorisation will be reasonable, having regard to the purposes for which they are carried out; and
(d)
for an authorisation for an activity, or a series of activities, of a kind mentioned in subparagraph 8(1)(a)(ia) or (ib)—the Defence Minister has requested the authorisation in writing.
(1A)
Before a Minister gives an authorisation for an activity, or a series of activities, of a kind mentioned in subparagraph 8(1)(a)(i), (ia), (ib) or (ii) (the relevant subparagraph), the Minister must also be satisfied that the Australian person, or the class of Australian persons, mentioned in the relevant subparagraph is, or is likely to be, involved in one or more of the following activities:
(a)
activities that present a significant risk to the safety of any person (including the Australian person or a member of the class of Australian persons mentioned in the relevant subparagraph);
(b)
acting for, or on behalf of, a foreign power;
(c)
activities that are, or are likely to be, a threat to security;
(d)
activities that pose a risk, or are likely to pose a risk, to the operational security of ASIS;
(e)
activities related to the proliferation of weapons of mass destruction or the movement of goods listed from time to time in the Defence and Strategic Goods List (within the meaning of regulation 13E of the Customs (Prohibited Exports) Regulations 1958);
(f)
activities related to a contravention, or an alleged contravention, of a UN sanction enforcement law by any person (including the Australian person or a member of the class of Australian persons mentioned in the relevant subparagraph);
(g)
committing a serious crime by moving money, goods or people;
(h)
committing a serious crime by using or transferring intellectual property;
(i)
committing a serious crime by transmitting data or signals by means of guided and/or unguided electromagnetic energy.
Note 1: For serious crime, see section 3.
Note 2: Certain authorisations referred to in this subsection cannot take effect unless the Minister has obtained the agreement of the Attorney‑General (see subsection (1AAC)).
(1AAA)
Before a Minister gives an authorisation for an activity, or a series of activities, of a kind mentioned in subparagraph 8(1)(a)(iaa), the Minister must also be satisfied that the class of Australian persons mentioned in that subparagraph is, or is likely to be, involved with a listed terrorist organisation.
Note: An authorisation referred to in this subsection cannot take effect unless the Minister has obtained the agreement of the Attorney‑General (see subsection (1AAD)).

(1AAB)
Without limiting the circumstances in which a person is involved with a listed terrorist organisation, a person is taken to be involved with a listed terrorist organisation if the person:
(a)
directs, or participates in, the activities of the organisation; or
(b)
recruits a person to join, or participate in the activities of, the organisation; or
(c)
provides training to, receives training from, or participates in training with, the organisation; or
(d)
is a member of the organisation (within the meaning of subsection 102.1(1) of the Criminal Code); or
(e)
provides financial or other support to the organisation; or
(f)
advocates for, or on behalf of, the organisation.
Agreement of the Attorney‑General
(1AAC)
An authorisation referred to in subsection (1A) for an activity, or a series of activities, in relation to an Australian person, or a class of Australian persons, who is, or is likely to be, involved in activities referred to in paragraph (1A)(c) (whether or not the person, or the class of persons, is, or likely to be, involved in activities covered by another paragraph of subsection (1A)) cannot take effect unless and until the Minister has obtained the agreement (orally or in writing, but subject to subsection (1AA)) of the Attorney‑General. The agreement may be sought before or after the authorisation is given.
(1AAD)
An authorisation referred to in subsection (1AAA) for an activity, or a series of activities, in relation to a class of Australian persons cannot take effect unless and until the Minister has obtained the agreement (orally or in writing, but subject to subsection (1AA)) of the Attorney‑General. The agreement may be sought before or after the authorisation is given.

(1AA)
Without limiting subsection (1AAC) or (1AAD), the Attorney‑General may, in writing:
(a)
specify classes of Australian persons who are, or are likely to be:
(i)
involved in an activity or activities that are, or are likely to be, a threat to security; or
(ii)
involved with a listed terrorist organisation; and
(b)
give his or her agreement in relation to any Australian person in that specified class.
(1AB)
An agreement given in accordance with subsection (1AA) may:
(a)
relate to an authorisation for an activity, or a series of activities, of a kind mentioned in subparagraph 8(1)(a)(i), (iaa), (ia), (ib) or (ii); and
(b)
specify the period during which the agreement has effect.
(1AC)
If an agreement relating to a specified class of Australian persons specifies a period in accordance with paragraph (1AB)(b), the agreement of the Attorney‑General is, for authorisations to be given after the period ends, taken not to have been obtained in relation to a person in that class.
Note: The agreement of the Attorney‑General would need to be obtained again in relation to such a person.
Content and form of authorisation
(2)
The Minister may give an authorisation in relation to:
(a)
an activity, or class of activities, specified in the authorisation; or
(b)
acts of a staff member or agent, or a class of staff members or agents, specified (whether by name or otherwise) in the authorisation; or
(c)
activities done for a particular purpose connected with the agency’s functions.
(3)
An authorisation is subject to any conditions specified in it.
(4)
An authorisation must specify how long it will have effect. The period of effect specified in an authorisation for an activity, or a series of activities, of a kind mentioned in subparagraph 8(1)(a)(i), (iaa), (ia), (ib), (ii) or (iii) must not exceed 6 months.
(4A)
An authorisation must be in writing.
Requirement to keep copies
(5)
If a Minister gives an authorisation under this section in relation to an agency, the relevant agency head must ensure that copies of the following are kept by the agency and are available for inspection on request by the Inspector‑General of Intelligence and Security:
(a)
the authorisation;
(b)
any record or copy of an agreement given under subsection (1AAC) or (1AAD) (including any agreement given in accordance with subsection (1AA));
(c)
if the authorisation is for an activity, or a series of activities, of a kind mentioned in subparagraph 8(1)(a)(ia) or (ib)—the request from the Defence Minister referred to in paragraph (1)(d) of this section.
Status of instruments
(6)
A request under paragraph (1)(d), an agreement under subsection (1AAC) or (1AAD) (if in writing), a request under subsection (5) (if in writing), and an authorisation under this section, are not legislative instruments.
Definitions
(7)
In this section:
security has the same meaning as in the Australian Security Intelligence Organisation Act 1979.
UN sanction enforcement law has the same meaning as in the Charter of the United Nations Act 1945.

9AAuthorisations in an emergency – Ministerial authorisations

(1)
This section applies if:
1. (a)
  an emergency situation arises in which an agency head considers it necessary or desirable to undertake an activity or a series of activities (except an activity or a series of activities of a kind mentioned in subparagraph 8(1)(a)(iaa), (ia) or (ib)); and
2. (b)
  a direction under subsection 8(1) requires the agency to obtain an authorisation under section 9, 9A or 9B before undertaking that activity or series of activities.
Giving oral authorisations
(2)
A Minister specified in subsection (3) may orally give an authorisation under this section for the activity or series of activities if (subject to section 9C) the conditions in subsections 9(1) and (1A) are met.
(3)
The Ministers who may orally give an authorisation are:
1. (a)
  the responsible Minister in relation to the relevant agency; or
2. (b)
  if the agency head is satisfied that the relevant responsible Minister is not readily available or contactable—any of the following Ministers:
  1. (i)
    the Prime Minister;
  2. (ii)
    the Defence Minister;
  3. (iii)
    the Foreign Affairs Minister;
  4. (iv)
    the Attorney‑General;
  5. (v)
    the Minister responsible for administering the Australian Security Intelligence Organisation Act 1979.
Note: An authorisation may be given by an agency head if none of those Ministers are readily available or contactable (see section 9B).
Period of effect of oral authorisation
(4)
An authorisation given under this section for an activity or series of activities ceases to have effect at the earlier of the following times:
1. (a)
  when an authorisation for the activity or series of activities is given under section 9;
2. (b)
  48 hours from the time the authorisation was given under this section.
Record of oral authorisation
(5)
The agency head must:
1. (a)
  ensure that a written record of an authorisation given under this section is made as soon as practicable (but no later than 48 hours) after the authorisation is given; and
2. (b)
  give the Inspector‑General of Intelligence and Security a copy of the record within 3 days after the authorisation is given.

9BAuthorisations in an emergency – Ministers unavailable

(1)
This section applies if:

1. (a)
  an agency head considers it necessary or desirable to undertake an activity or a series of activities; and
2. (b)
  an authorisation is sought under section 9A; and
3. (c)
  the agency head is satisfied that none of the Ministers specified in subsection 9A(3) are readily available or contactable.
(2)
The agency head may give an authorisation under this section for the activity or series of activities if the agency head is satisfied that:
1. (a)
  the facts of the case would justify the relevant responsible Minister giving an authorisation under section 9 because (subject to section 9C) the agency head is satisfied that the conditions in subsections 9(1) and (1A) are met; and
2. (b)
  the responsible Minister would have given the authorisation; and
3. (c)
  if the activity or series of activities is not undertaken before an authorisation is given under section 9 or 9A:
  1. (i)
    security (within the meaning of the Australian Security Intelligence Organisation Act 1979) will be, or is likely to be, seriously prejudiced; or
  2. (ii)
    there will be, or is likely to be, a significant risk to the safety of any person.
Content and form of authorisation
(3)
An authorisation given under this section:
1. (a)
  may be given in relation to the same matters as an authorisation may be given under subsection 9(2); and
2. (b)
  is subject to the requirements of subsections 9(3) and (4A).
Period of effect of authorisation
(4)
An authorisation given under this section for an activity or series of activities ceases to have effect at the earliest of the following times:
1. (a)
  when an authorisation for the activity or series of activities is given under section 9 or 9A;
2. (b)
  when the authorisation given under this section is cancelled by the relevant responsible Minister under subsection (8) of this section;
3. (c)
  48 hours from the time the authorisation was given under this section.
Notifying the responsible Minister
(4A)
An agency head who gives an authorisation under this section for an activity or series of activities must notify the relevant responsible Minister of the authorisation within 8 hours after giving the authorisation.
Copies of authorisation and other documents
(5)
The agency head must also give the following documents to the relevant responsible Minister and the Inspector‑General of Intelligence and Security:
1. (a)
  a copy of the authorisation;
2. (b)
  a summary of the facts of the case that the agency head was satisfied justified giving the authorisation;
3. (c)
  an explanation of the Minister’s obligation under subsection (7).
(6)
The documents must be given to the responsible Minister and the Inspector‑General of Intelligence and Security as soon as practicable, but no later than the following time:
1. (a)
  for documents given to the responsible Minister—48 hours after giving the authorisation;
2. (b)
  for documents given to the Inspector‑General of Intelligence and Security—3 days after giving the authorisation.
Responsible Minister must consider cancelling authorisation or giving new authorisation
(7)
As soon as practicable after the responsible Minister is given the documents, the responsible Minister must consider whether to:
1. (a)
  cancel the authorisation under subsection (8); or
2. (b)
  give a new authorisation for the activity or series of activities under section 9 or 9A.
Responsible Minister may cancel authorisation
(8)
For the purposes of paragraph (4)(b), the relevant responsible Minister may, in writing, cancel an authorisation given under this section.
Oversight by Inspector‑General of Intelligence and Security
(8A)
Within 30 days after the Inspector‑General of Intelligence and Security is given the documents, the Inspector‑General must:
1. (a)
  consider whether the agency head complied with the requirements of this section in giving the authorisation; and
2. (b)
  provide the responsible Minister with a report on the Inspector‑General’s views of the extent of the agency head’s compliance with the requirements of this section in giving the authorisation; and
3. (c)
  provide to the Committee a copy of the conclusions in the report.
Status of instruments
(9)
An authorisation, report and a cancellation under this section are not legislative instruments.

9CAuthorisations in an emergency – Attorney‑General unavailable

(1)
This section applies if:
1. (a)
  an agency head considers it necessary or desirable to undertake an activity or a series of activities; and
2. (b)
  an authorisation is sought under section 9A or 9B; and
3. (c)
  all of the following apply:
  1. (i)
    the authorisation cannot take effect unless and until the agreement of the Attorney‑General has been obtained under subsection 9(1AAC);
  2. (ii)
    the agreement has not been obtained;
  3. (iii)
    the agency head is satisfied that the Attorney‑General is not readily available or contactable.
Giving authorisation
(2)
Despite subsection 9(1AAC) and subject to subsection (3) of this section, the authorisation:
1. (a)
  may be given; and
2. (b)
  may take effect without the agreement of the Attorney‑General having been obtained.
Obtaining the agreement of the Director‑General of Security
(3)
Before an authorisation is given under section 9A or 9B, the agency head must, unless the agency head is satisfied that the Director‑General of Security is not readily available or contactable, obtain the agreement of the Director‑General to the authorisation:
1. (a)
  being given; and
2. (b)
  taking effect without the agreement of the Attorney‑General having been obtained.
Notifying Attorney‑General, ASIO Minister and Inspector‑General of Intelligence and Security
(4)
The relevant agency head must notify the following that an authorisation was given under section 9A or 9B (as the case requires) in accordance with this section:
1. (a)
  the Attorney‑General;
2. (b)
  the Minister responsible for administering the Australian Security Intelligence Organisation Act 1979 (the ASIO Minister);
3. (c)
  the Inspector‑General of Intelligence and Security.
The notification must state whether the agreement of the Director‑General of Security was obtained.
(5)
The notification must be given:
1. (a)
  for a notification given to the Attorney‑General or the ASIO Minister—before the end of 8 hours after the authorisation is given under section 9A or 9B; and
2. (b)
  for a notification given to the Inspector‑General of Intelligence and Security—as soon as practicable, but no later than 3 days after the authorisation is given under section 9A or 9B.
Oversight by Inspector‑General of Intelligence and Security
(6)
Within 30 days after the Inspector‑General of Intelligence and Security is given the notification, the Inspector‑General must:
1. (a)
  consider whether the agency head complied with the requirements of this section in giving the authorisation under section 9A or 9B; and
2. (b)
  provide the responsible Minister with a report on the Inspector‑General’s views of the extent of the agency head’s compliance with the requirements of this section in giving the authorisation under that section; and
3. (c)
  provide to the Committee a copy of the conclusions in the report.

9DAuthorisations in an emergency – imminent risk to safety of an Australian person

When this section applies
(1)
This section applies if an agency head is satisfied that:
(a)
there is, or is likely to be, an imminent risk to the safety of an Australian person who is outside Australia; and
(b)
it is necessary or desirable to undertake an activity, or a series of activities, for the specific purpose, or for purposes which include the specific purpose, of producing intelligence on the person; and
(c)
it is not reasonably practicable to obtain the person’s consent to the agency producing that intelligence; and
(d)
having regard to the nature and gravity of the risk, it is reasonable to believe that the person would consent to the agency producing that intelligence if the person were able to do so.
Authorisation
(2)
The agency head may, orally or in writing, give an authorisation under this section for the activity, or series of activities, if the agency head is satisfied that:
(a)
the facts of the case would justify the responsible Minister giving an authorisation under section 9 because the agency head is satisfied that the conditions in subsections 9(1) and (1A) are met; and
(b)
the responsible Minister would have given the authorisation.
Conditions on authorisation
(3)
The authorisation is subject to any conditions specified by the agency head.
Agreement of the Attorney‑General not required
(3A)
Subsection 9(1AAC) does not apply in relation to the authorisation.
Agency head to record and notify
(4)
As soon as practicable after giving the authorisation (but no later than 8 hours after the authorisation is given) the agency head must, orally or in writing, notify the responsible Minister of the authorisation.
(5)
As soon as practicable after giving the authorisation (but no later than 48 hours after the authorisation is given) the agency head must:
(a)
if the authorisation is given orally—ensure that the authorisation is recorded in writing; and
(b)
ensure that a summary of the facts of the case that the agency head was satisfied justified giving the authorisation is recorded in writing; and
(c)
give to the responsible Minister:
(i)
a copy of the authorisation; and
(ii)
a summary of the facts of the case that the agency head was satisfied justified giving the authorisation; and
(iii)
an explanation of the Minister’s obligation under subsection (6); and
(d)
give to the Inspector‑General of Intelligence and Security the documents referred to in subparagraphs (c)(i) and (ii); and
(e)
if the Australian person is, or is likely to be, involved in an activity or activities that are, or are likely to be, a threat to security—give to the Attorney‑General and the Minister responsible for administering the Australian Security Intelligence Organisation Act 1979 (the ASIO Minister) the documents referred to in subparagraphs (c)(i) and (ii).
Role of responsible Minister
(6)
The responsible Minister must, as soon as practicable after being given documents under paragraph (5)(c), consider whether to cancel the authorisation under subsection (10).
(7)
If the Attorney‑General is required to be given documents under paragraph (5)(e), the responsible Minister must have regard to any advice given by the Attorney‑General when making a decision under subsection (6).
Role of Inspector‑General of Intelligence and Security
(8)
Within 30 days after the Inspector‑General of Intelligence and Security is given documents under paragraph (5)(d), the Inspector‑General must:
(a)
consider whether the agency head has complied with the requirements of this section; and
(b)
provide the responsible Minister with a report on the Inspector‑General’s views of the extent of the compliance by the agency head with the requirements of this section; and
(c)
provide to the Committee a copy of the conclusions in the report.
Period of effect of authorisation
(9)
The authorisation ceases to have effect at the earliest of the following times:
(a)
the end of 6 months, starting on the day the authorisation is given;
(b)
if the authorisation specifies a time when the authorisation ceases to have effect—that time;
(c)
if the responsible Minister cancels the authorisation under subsection (10)—the time of cancellation;
(d)
if the agency head cancels the authorisation under subsection (12)—the time of cancellation;
(e)
if an authorisation for the activity, or series of activities, is given under section 9, 9A or 9B—the time the authorisation under section 9, 9A or 9B is given.
Cancellation by responsible Minister
(10)
The responsible Minister may, in writing, cancel the authorisation.
(11)
If the responsible Minister cancels the authorisation under subsection (10), the Minister must, as soon as practicable, give written notice of the cancellation to:
(a)
the Inspector‑General of Intelligence and Security; and
(b)
if the Attorney‑General and the ASIO Minister are required to be given documents under paragraph (5)(e)—those Ministers.
Cancellation by agency head
(12)
The agency head must, in writing, cancel the authorisation if the agency head is satisfied that:
(a)
there is not; and
(b)
there is not likely to be;
a significant risk to the safety of the Australian person.
Note: The agency head may cancel the authorisation in other circumstances (see subsection 33(3) of the Acts Interpretation Act 1901).
(13)
If the agency head cancels the authorisation under subsection (12), the agency head must, as soon as practicable, give written notice of the cancellation to:
(a)
the responsible Minister; and
(b)
the Inspector‑General of Intelligence and Security; and
(c)
if the Attorney‑General and the ASIO Minister are required to be given documents under paragraph (5)(e)—those Ministers.
Delegation
(14)
An agency head may, in writing, delegate to a staff member (other than a consultant or contractor) all or any of the powers, functions or duties of the agency head under this section.
Note: See sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 on delegations.
(15)
In exercising a power, performing a function or discharging a duty under a delegation under subsection (14), the delegate must comply with any written directions of the agency head.
Relationship with the Acts Interpretation Act 1901
(16)
To avoid doubt, this section does not limit subsection 33(3) of the Acts Interpretation Act 1901 to the extent that it applies to an authorisation given under this section.
Status of instruments
(17)
The following are not legislative instruments:
(a)
an authorisation given in writing under subsection (2);
(b)
a written notice given under subsection (4), (11) or (13);
(c)
a record made, or a summary or explanation given, under subsection (5);
(d)
a report under subsection (8);
(e)
a cancellation under subsection (10) or (12).

10Period during which authorisation given under section 9 has effect etc.

Renewing authorisations
(1)
The Minister may, at any time before the day on which an authorisation given under section 9 would cease to have effect, renew it for the length of time specified in the renewal. However, the authorisation must not be renewed unless the Minister is satisfied that it is necessary, for the purpose for which the authorisation was given, for the authorisation to continue to have effect.
(1A)
The renewal (or any subsequent renewal) of an authorisation given under section 9 for an activity, or a series of activities, of a kind mentioned in subparagraph 8(1)(a)(i), (iaa), (ia), (ib), (ii) or (iii), must be for a period not exceeding 6 months.
Varying or cancelling authorisations
(2)
The Minister may vary or cancel an authorisation given under section 9 at any time.
(2A)
If, before an authorisation is cancelled under subsection (2) or otherwise ceases to have effect, the relevant agency head is satisfied that the grounds on which the authorisation was given under section 9 have ceased to exist:
(a)
the agency head must inform the Minister accordingly, and must take the steps necessary to ensure that activities under the authorisation are discontinued; and
(b)
as soon as practicable after being so informed, the Minister must consider cancelling the authorisation under subsection (2).
(2B)
Without limiting subsection (2A), if an authorisation is given under section 9 for an activity, or a series of activities, of a kind mentioned in subparagraph 8(1)(a)(ia) or (ib), the grounds on which the authorisation was given cease to exist if:
(a)
the Defence Force is no longer engaged in any military operations to which the request for the authorisation relates; or
(b)
the Defence Minister withdraws the request for the authorisation.
Note: For the request for the authorisation, see paragraph 9(1)(d).
(2C)
For the purposes of subsection (2A), if an authorisation is given in reliance on an agreement that specifies a period in accordance with paragraph 9(1AB)(b), the grounds on which the authorisation was given are taken not to have ceased to exist merely because the period specified in the agreement ends.
Renewal, variation or cancellation to be in writing
(3)
A renewal, variation or cancellation of an authorisation given under section 9 must be in writing.
Relationship with the Acts Interpretation Act 1901
(4)
To avoid doubt, this section does not limit subsection 33(3) of the Acts Interpretation Act 1901 to the extent that it applies to an authorisation given under section 9A or 9B.

10AAAdditional requirements for class authorisations

(1)
This section applies if an authorisation is given to an agency under section 9 for an activity, or a series of activities, of a kind mentioned in subparagraph 8(1)(a)(iaa), (ia) or (ib) in relation to one or more members of a class of Australian persons.
(2)
The agency head must ensure that a list is kept that:
1. (a)
  identifies each Australian person in relation to whom the agency intends to undertake activities, or a series of activities, under the authorisation; and
2. (b)
  gives an explanation of the reasons why the agency believes the person is a member of the class; and
3. (c)
  includes any other information that the agency head considers appropriate.
Note: For variation of the list, see subsection 33(3) of the Acts Interpretation Act 1901.
(3)
If:
1. (a)
  the Attorney‑General’s agreement under subsection (1AAC) or (1AAD) was obtained in relation to the class of Australian persons mentioned in subsection (1); and
2. (b)
  an Australian person who is a member of that class is included on the list;
then the agency head must ensure that the Director‑General of Security is given, as soon as practicable:
1. (c)
  a copy of the list; and
2. (d)
  written notice that the Australian person was included on the list.
(4)
The agency head must ensure that the list is available for inspection on request by the Inspector‑General of Intelligence and Security.
(5)
The list and a notice under paragraph (3)(d) are not legislative instruments.

10AAgency heads must report on authorised activities

(1)
An agency head must give to the responsible Minister in relation to the agency a written report in respect of each activity, or series of activities, carried out by the agency in reliance on an authorisation under section 9, 9A, 9B or 9D.
(2)
The report must (subject to subsections (3) and (4)) be provided to the Minister within 3 months of the day on which the relevant authorisation ceased to have effect.
(3)
If the report is in respect of an activity, or a series of activities, of a kind mentioned in subparagraph 8(1)(a)(iaa), (ia) or (ib), then:
1. (a)
  the report must be provided to the Minister as soon as practicable, but no later than 3 months, after each of the following days:
  1. (i)
    the day on which the relevant authorisation ceased to have effect;
  2. (ii)
    the day on which the relevant authorisation was renewed; and
2. (b)
  the report must be accompanied with a statement identifying every Australian person who was included on the list referred to in section 10AA during the period the authorisation was in effect.
(4)
If the report is in respect of an activity, or series of activities, carried out by the agency in reliance on an authorisation under section 9A, 9B or 9D, the report must be provided to the Minister as soon as practicable, but no later than 1 month, after the day on which the authorisation ceased to have effect.

11Limits on agencies’ functions

(1)
The functions of the agencies are to be performed only in the interests of Australia’s national security, Australia’s foreign relations or Australia’s national economic well‑being and only to the extent that those matters are affected by the capabilities, intentions or activities of people or organisations outside Australia.
(2)
The agencies’ functions do not include:
1. (a)
  the carrying out of police functions; or
2. (b)
  any other responsibility for the enforcement of the law.
However, this does not prevent the agencies from:
1. (c)
  obtaining intelligence under paragraph 6(1)(a), 6B(1)(a), (b), or (c) or 7(1)(a) and communicating any such intelligence that is relevant to serious crime to the appropriate law enforcement authorities; or
2. (d)
  in the case of ASIS—performing the function set out in paragraph 6(1)(da) or providing assistance as mentioned in subsection 6(7); or
3. (e)
  in the case of AGO—performing the functions set out in paragraphs 6B(1)(e), (ea), (f) and (h); or
4. (f)
  in the case of ASD—performing the functions set out in paragraphs 7(1)(c), (e) and (f).

Note: For police functions and serious crime see section 3.
(2AA)
An agency may communicate incidentally obtained intelligence to appropriate Commonwealth or State authorities or to authorities of other countries approved under paragraph 13(1)(c) if the intelligence relates to the involvement, or likely involvement, by a person in one or more of the following activities:
1. (a)
  activities that present a significant risk to the safety of that person or any other person;
2. (b)
  acting for, or on behalf of, a foreign power;
3. (c)
  activities that are a threat to security;
4. (d)
  activities related to the proliferation of weapons of mass destruction or the movement of goods listed from time to time in the Defence and Strategic Goods List (within the meaning of regulation 13E of the Customs (Prohibited Exports) Regulations 1958);
5. (e)
  committing a serious crime.
(2A)
The agencies’ functions do not include undertaking any activity for the purpose of furthering the interests of an Australian political party or other Australian political organisation.
(3)
Subsection (1) does not apply to the functions described in paragraphs 6(1)(da), 6B(1)(b) to (h) and 7(1)(c), (ca), (d), (e) and (f).

12Limits on agencies’ activities

An agency must not undertake any activity unless the activity is:
(a)
necessary for the proper performance of its functions; or
(b)
authorised or required by or under another Act.

12ASpecial responsibilities of Director and Directors‑General

The Director‑General of ASIS, the Director of AGO and the Director‑General of ASD must take all reasonable steps to ensure that:
(a)
his or her agency is kept free from any influences or considerations not relevant to the undertaking of activities as mentioned in paragraph 12(a) or (b); and
(b)
nothing is done that might lend colour to any suggestion that his or her agency is concerned to further or protect the interests of any particular section of the community, or with undertaking any activities other than those mentioned in paragraph 12(a) or (b).

Division 2Cooperation13Cooperation with other authorities in connection with performance of agency’s own functions

(1)
Subject to any arrangements made or directions given by the responsible Minister, an agency may cooperate with:
1. (a)
  Commonwealth authorities; and
2. (b)
  State authorities; and
3. (c)
  authorities of other countries approved by the Minister as being capable of assisting the agency in the performance of its functions;
so far as is necessary for the agency to perform its functions, or so far as facilitates the performance by the agency of its functions.
Note: For Commonwealth authority and State authority see section 3.
Cooperating with authorities of other countries—with approval
(1A)
However, an approval under paragraph (1)(c) does not enable ASIS to cooperate with an authority of another country in planning or undertaking:
1. (a)
  activities covered by paragraphs 6(4)(a) to (c); or
2. (b)
  training in the use of weapons or in self‑defence techniques;
unless, before giving the approval, the Minister consults with the Prime Minister and the Attorney‑General.
(2)
An approval under paragraph (1)(c) must be in writing.
(3)
Each agency head must ensure that a copy of any approval given by the relevant responsible Minister is kept by the agency and is available on request by the Inspector‑General of Intelligence and Security.
Cooperating with authorities of other countries—AGO
(3A)
Despite paragraph (1)(c), subject to any arrangements made or directions given by the responsible Minister, AGO may, for the purposes of performing its functions under paragraph 6B(1)(e), (ea) or (h), cooperate with authorities of other countries if they are capable of assisting AGO in the performance of its functions.
(3B)
The Director of AGO must, as soon as practicable after each year ending on 30 June, give to the responsible Minister and the Inspector‑General of Intelligence and Security a report about any significant cooperation under subsection (3A) by AGO with authorities of other countries referred to in that subsection.
Cooperating with authorities of other countries—ASD
(4)
Despite paragraph (1)(c), subject to any arrangements made or directions given by the responsible Minister, ASD may, for the purposes of performing its function under paragraph 7(1)(ca), cooperate with authorities of other countries if they are capable of assisting ASD in the performance of its functions.
(5)
The Director‑General of ASD must, as soon as practicable after each year ending on 30 June, give to the responsible Minister and the Inspector‑General of Intelligence and Security a report about any significant cooperation under subsection (4) by ASD with authorities of other countries referred to in that subsection.
Reports by AGO and ASD
(6)
A report under subsection (3B) or (5):
1. (a)
  must be in writing; and
2. (b)
  is not a legislative instrument.

13ACooperation with intelligence agencies etc. in connection with performance of their functions

(1)
An agency may cooperate with and assist the following bodies in the performance of their functions:
1. (a)
  another agency;
2. (b)
  ASIO;
3. (ba)
  ONI;
4. (c)
  a Commonwealth authority, or a State authority, that is prescribed by the regulations for the purposes of this paragraph.
(2)
However, the agency may only do so:
1. (a)
  subject to any arrangements made or directions given by the responsible Minister; and
2. (b)
  on request by the head (however described) of the body referred to in subsection (1).
Note: The Inspector‑General of Intelligence and Security has oversight powers in relation to Ministerial directions and authorisations given under this Act. See in particular section 32B of the Inspector‑General of Intelligence and Security Act 1986 (which requires the Minister to give a copy of a direction under this section to the Inspector‑General of Intelligence and Security as soon as practicable after the direction is given).
(3)
Without limiting subsection (1), in cooperating with and assisting a body in accordance with this section, an agency may make the services of staff members, and other resources, of the agency available to the body.

Division 3Activities undertaken in relation to ASIO13BActivities undertaken in relation to ASIO

When an activity may be undertaken in relation to ASIO
(1)
Subject to section 13D, ASIS may undertake an activity, or a series of activities, if:
(a)
the activity or series of activities will be undertaken for the specific purpose, or for purposes which include the specific purpose, of producing intelligence on an Australian person or a class of Australian persons; and
(c)
the activity or series of activities will be undertaken to support ASIO in the performance of its functions; and
(d)
either:
(i)
the Director‑General of Security; or
(ii)
a person who is authorised under section 13C for the purposes of this subparagraph;
has, in writing, notified ASIS that ASIO requires the production of intelligence on the Australian person or class of Australian persons.
(2)
The undertaking of an activity or series of activities under subsection (1) is subject to any conditions specified in the notice under paragraph (1)(d).
When ASIO notice is not required—particular activity outside Australia
(3)
Paragraph (1)(d) does not apply in relation to the undertaking of a particular activity in relation to a particular Australian person if:
(a)
the activity will be undertaken outside Australia; and
(b)
a staff member of ASIS who:
(i)
is authorised under subsection (7); and
(ii)
will be undertaking the activity;
reasonably believes that it is not practicable in the circumstances for ASIO to notify ASIS in accordance with paragraph (1)(d) before undertaking the activity.
(4)
If ASIS undertakes an activity in accordance with subsection (3), ASIS must, as soon as practicable, notify ASIO and the Inspector‑General of Intelligence and Security, in writing, of the activity.
Effect of this section
(5)
ASIS may undertake an activity or series of activities under subsection (1) without an authorisation under section 9 for the activity or series of activities.
Incidental production of intelligence
(6)
An activity, or a series of activities, does not cease to be undertaken:
(a)
in accordance with this section; or
(b)
for the specific purpose of supporting ASIO in the performance of its functions;
only because, in undertaking the activity or series of activities, ASIS also incidentally produces intelligence that relates to the involvement, or likely involvement, of an Australian person in one or more of the activities set out in subsection 9(1A).
Authorised staff members
(7)
The Director‑General of ASIS may authorise, in writing, a staff member of ASIS, or a class of such staff members, for the purposes of paragraph (3)(a).
Instruments not legislative instruments
(8)
The following are not legislative instruments:
(a)
a notice under paragraph (1)(d);
(b)
a notice under subsection (4);
(c)
an authorisation made under subsection (7).

13CAuthorised persons for activities undertaken in relation to ASIO

Authorised persons
(1)
The Director‑General of Security may authorise, in writing, a senior position‑holder, or a class of senior position‑holders, for the purposes of subparagraph 13B(1)(d)(ii).
Authorisation is not a legislative instrument
(2)
An authorisation made under subsection (1) is not a legislative instrument.
Definitions
(3)
For the purposes of this section, senior position‑holder has the same meaning as in the Australian Security Intelligence Organisation Act 1979.

13DCertain acts not permitted

If ASIO could not undertake a particular act in at least one State or Territory without it being authorised by warrant under Division 2 of Part III of the Australian Security Intelligence Organisation Act 1979 or under Part 2‑2 of the Telecommunications (Interception and Access) Act 1979, this Division does not allow ASIS to undertake the act.

13EDirector‑General of ASIS to be satisfied of certain matters

The Director‑General of ASIS must be satisfied that:
(a)
there are satisfactory arrangements in place to ensure that activities will be undertaken in accordance with section 13B only for the specific purpose of supporting ASIO in the performance of its functions; and
(b)
there are satisfactory arrangements in place to ensure that the nature and consequences of acts done in accordance with section 13B will be reasonable, having regard to the purposes for which they are carried out.

13FOther matters relating to activities undertaken in relation to ASIO

ASIO to be consulted before communicating intelligence
(1)
If, in undertaking an activity or series of activities in accordance with section 13B, ASIS produces intelligence, ASIS must not communicate the intelligence outside ASIS (other than in accordance with subsection (2)) unless ASIO has been consulted.
Intelligence to be communicated to ASIO
(2)
If, in undertaking an activity or series of activities in accordance with section 13B, ASIS produces intelligence, ASIS must cause the intelligence to be communicated to ASIO as soon as practicable after the production.
Notices to be made available to the Inspector‑General of Intelligence and Security
(3)
If a notice is given to ASIS under paragraph 13B(1)(d), the Director‑General of ASIS must ensure that a copy of the notice is kept by ASIS and is available for inspection on request by the Inspector‑General of Intelligence and Security.
Reports about activities to be given to the responsible Minister
(4)
As soon as practicable after each year ending on 30 June, the Director‑General of ASIS must give to the responsible Minister in relation to ASIS a written report in respect of activities undertaken by ASIS in accordance with section 13B during the year.

13GGuidelines relating to activities undertaken in relation to ASIO

(1)
The responsible Minister in relation to ASIO and the responsible Minister in relation to ASIS may jointly make written guidelines relating to the undertaking of activities in accordance with section 13B.
(1A)
Before making guidelines under subsection (1), the responsible Ministers must consult with the Attorney‑General.
(2)
Guidelines made under subsection (1) are not a legislative instrument.

Division 4Other14Liability for certain acts

(1)
A staff member or agent of an agency is not subject to any civil or criminal liability for any act done outside Australia if the act is done in the proper performance of a function of the agency.
(2)
A person is not subject to any civil or criminal liability for any act (whether done inside or outside Australia) if:
1. (a)
  the act is preparatory to, in support of, or otherwise directly connected with, overseas activities of the agency concerned; and
2. (b)
  the act:
  1. (i)
    taken together with an act, event, circumstance or result that took place, or was intended to take place, outside Australia, could amount to an offence; but
  2. (ii)
    in the absence of that other act, event, circumstance or result, would not amount to an offence; and
3. (c)
  the act is done in the proper performance of a function of the agency.
(2A)
Subsection (2) is not intended to permit any act in relation to premises, persons, computers, things, or telecommunications services in Australia, being:
1. (a)
  an act that ASIO could not do without a Minister authorising it by warrant issued under Division 2 of Part III of the Australian Security Intelligence Organisation Act 1979 or under Part 2‑2 of the Telecommunications (Interception and Access) Act 1979; or
2. (b)
  an act to obtain information that ASIO could not obtain other than in accordance with Division 3 of Part 4‑1 of the Telecommunications (Interception and Access) Act 1979.
(2AA)
Subsections (1) and (2) have effect despite anything in a law of the Commonwealth or of a State or Territory, whether passed or made before or after the commencement of this subsection, unless the law expressly provides otherwise.
(2AB)
Subsection (2AA) does not affect the operation of subsection (2A).
(2B)
The Inspector‑General of Intelligence and Security may give a certificate in writing certifying any fact relevant to the question of whether an act was done in the proper performance of a function of an agency.
(2C)
In any proceedings, a certificate given under subsection (2B) is prima facie evidence of the facts certified.
(3)
In this section:
act includes omission.
staff member includes the Director‑General of ASIS, the Director of AGO and the Director‑General of ASD.

15Rules to protect privacy of Australians

(1)
The responsible Minister in relation to ASIS, the responsible Minister in relation to AGO and the responsible Minister in relation to ASD, must make written rules regulating the communication and retention by the relevant agency of intelligence information concerning Australian persons.
(1A)
The agencies must not communicate intelligence information concerning Australian persons, except in accordance with the rules.
(2)
In making the rules, the Minister must have regard to the need to ensure that the privacy of Australian persons is preserved as far as is consistent with the proper performance by the agencies of their functions.
Note: For Australian person see section 3.
(3)
Before making the rules, the Minister must consult with:
1. (a)
  in the case of ASIS—the Director‑General of ASIS; and
2. (ab)
  in the case of AGO—the Director of AGO; and
3. (b)
  in the case of ASD—the Director‑General of ASD; and
4. (c)
  in any case—the Inspector‑General of Intelligence and Security and the Attorney‑General.
(4)
For the purpose of consultations under paragraph (3)(c), the Minister must provide a copy of the rules the Minister is proposing to make to the Inspector‑General of Intelligence and Security and to the Attorney‑General.
(5)
The Minister must ensure that the rules are published on the relevant agency’s website as soon as practicable after the rules are made, except to the extent that the rules contain:
1. (a)
  operationally sensitive information (within the meaning of Schedule 1); or
2. (b)
  information that would or might prejudice:
  1. (i)
    Australia’s national security or the conduct of Australia’s foreign relations; or
  2. (ii)
    the performance by the relevant agency of its functions.
(6)
The Inspector‑General of Intelligence and Security must brief the Committee on the content and effect of the rules if:
1. (a)
  the Committee requests the Inspector‑General of Intelligence and Security to do so; or
2. (b)
  the rules change.
Note: For Committee see section 3.
(7)
Rules made under subsection (1) are not legislative instruments.

Part 3Establishment of ASIS and role of Director‑General of ASISDivision 1Establishment and control of ASIS16Establishment of ASIS on a statutory basis

(1)
The organisation known as the Australian Secret Intelligence Service is continued in existence in accordance with this Act.
(2)
For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):
1. (a)
  ASIS is a listed entity; and
2. (b)
  the Director‑General of ASIS is the accountable authority of ASIS; and
3. (c)
  the following persons are officials of ASIS:
  1. (i)
    the Director‑General of ASIS;
  2. (ii)
    the staff of ASIS referred to in subsection 33(1); and
4. (d)
  the purposes of ASIS include the functions of ASIS referred to in section 6.

17Appointment of Director‑General of ASIS

(1)
There is to be a Director‑General of ASIS.
(2)
The Director‑General of ASIS is to be appointed by the Governor‑General.
(3)
Before a recommendation is made to the Governor‑General for the appointment of a person as Director‑General of ASIS, the Prime Minister must consult with the Leader of the Opposition in the House of Representatives.
(4)
The person who, immediately before the commencement of this Act, held office as the Director‑General of ASIS continues, subject to this Act, to hold the office for the remainder of the term for which he or she was appointed.

18Control of ASIS

(1)
ASIS is under the control of the Director‑General of ASIS.
(2)
The Director‑General of ASIS, under the Minister, is responsible for managing ASIS and must advise the Minister in matters relating to ASIS.

19Briefing the Leader of the Opposition about ASIS

The Director‑General of ASIS must consult regularly with the Leader of the Opposition in the House of Representatives for the purpose of keeping him or her informed on matters relating to ASIS.

Division 2Administrative provisions relating to the Director‑General of ASIS20Period of appointment

(1)
The Director‑General of ASIS holds office for the period specified in the instrument of appointment, but is eligible for re‑appointment.
(2)
The period must not be longer than 5 years.

21Remuneration etc.

(1)
The remuneration and other conditions of appointment of the Director‑General of ASIS are as determined in writing by the responsible Minister.
(2)
For each determination, the responsible Minister must seek the advice of the Remuneration Tribunal and take that advice into account.
(3)
Each determination must be published in the Gazette within 14 days after the determination is made.

22Resignation

The Director‑General of ASIS may resign by giving a signed notice of resignation to the Governor‑General.

23Termination of appointment

(1)
The Governor‑General may terminate the appointment of the Director‑General of ASIS for misbehaviour or physical or mental incapacity.
(2)
The Governor‑General must terminate the appointment of the Director‑General of ASIS if:
1. (a)
  the Director‑General:
  1. (i)
    becomes bankrupt; or
  2. (ii)
    applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
  3. (iii)
    compounds with his or her creditors; or
  4. (iv)
    makes an assignment of his or her remuneration for the benefit of his or her creditors; or
2. (b)
  the Director‑General is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or
3. (c)
  the Director‑General engages, except with the Minister’s approval, in paid employment outside the duties of his or her office; or
4. (d)
  the Director‑General fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.
(3)
The Governor‑General may, with the Director‑General’s consent, retire the Director‑General of ASIS from office on the ground of incapacity if the Director‑General is:

1. (a)
  to a person who is a staff member or agent of ASIS; and
2. (b)
  for the purpose of preventing, mitigating or removing:
  1. (i)
    a significant risk to a person’s safety; or
  2. (ii)
    a significant threat to security (within the meaning of paragraphs (a) and (aa) of the definition of security in section 4 of the Australian Security Intelligence Organisation Act 1979); or
  3. (iii)
    a significant risk to the operational security of ASIS from interference by a foreign person or entity; and
3. (c)
  in accordance with a Ministerial approval given under paragraph (3)(a).
(2)
The use of force (including the use of a weapon) against a person, or the threat of the use of force (including the use of a weapon) against a person, in the course of activities undertaken by ASIS outside Australia is not prevented by subsection 6(4) if:
1. (a)
  the conduct is by a staff member or agent of ASIS; and
2. (b)
  the conduct is for the purpose of preventing, mitigating or removing:
  1. (i)
    a significant risk to a person’s safety; or
  2. (ii)
    a significant threat to security (within the meaning of paragraphs (a) and (aa) of the definition of security in section 4 of the Australian Security Intelligence Organisation Act 1979); or
  3. (iii)
    a significant risk to the operational security of ASIS from interference by a foreign person or entity; and
3. (c)
  the conduct is in accordance with a Ministerial approval given under paragraph (3)(b); and
4. (d)
  guidelines have been issued by the Director‑General of ASIS under clause 2; and
5. (e)
  the conduct is in compliance with those guidelines.
Minister’s approval
(3)
The Minister may approve:
1. (a)
  the provision of a weapon, or training in the use of force (including in the use of a weapon) to:
  1. (i)
    a specified staff member or agent of ASIS; or
  2. (ii)
    the holder of a specified position in ASIS;
for the purposes of specified activities undertaken by ASIS outside Australia; or
1. (b)
  the use of force, or the threat of the use of force, against a specified person, or a specified class of persons, by:
  1. (i)
    a specified staff member or agent of ASIS; or
  2. (ii)
    the holder of a specified position in ASIS;
in the course of specified activities undertaken by ASIS outside Australia.
(4)
The Minister (the approving Minister) must not give approval under paragraph (3)(b) unless:
1. (a)
  the approving Minister has consulted with:
  1. (i)
    the Prime Minister; and
  2. (ii)
    the Attorney‑General; and
  3. (iii)
    the Defence Minister; and
  4. (iv)
    any other Minister who has responsibility for a matter that is likely to be significantly affected by an act that is to be approved; and
2. (b)
  the approving Minister is satisfied that:
  1. (i)
    there are satisfactory arrangements in place to ensure that, in acting under the approval, nothing will be done beyond what is necessary having regard to the purposes for which the approval is given; and
  2. (ii)
    there are satisfactory arrangements in place to ensure that the nature and consequences of acts done under the approval will be reasonable having regard to the purposes for which the approval is given.
(5)
An approval under paragraph (3)(a) or (b) must be given by notice in writing to the Director‑General of ASIS.
(6)
The approval must specify:
1. (a)
  any conditions that must be complied with in relation to the conduct approved; and
2. (b)
  if the approval is for the provision of a weapon or training in the use of a weapon—the kind or class of weapon involved.
(7)
The approval is not a legislative instrument.
(8)
As soon as practicable after giving the Director‑General of ASIS an approval under paragraph (3)(a) or (b), the Minister must give a copy of the approval to:
1. (a)
  the Inspector‑General of Intelligence and Security; and
2. (b)
  if the approval is given under paragraph (3)(b)—the Prime Minister and each other Minister who was consulted about the approval under paragraph (4)(a).
Annual review of approvals
(9)
As soon as practicable after each year ending on 30 June, the Minister must:
1. (a)
  consider whether the approvals in force under paragraphs (3)(a) and (b) at the end of the year are appropriate; and
2. (b)
  in relation to any approval that is no longer appropriate:
  1. (i)
    amend the approval so that it is appropriate; or
  2. (ii)
    revoke the approval.
(10)
In considering whether an approval in force under paragraph (3)(b) at the end of a year is appropriate, the Minister must take into account whether the Minister is still satisfied of the matters mentioned in paragraph (4)(b).
(11)
As soon as practicable after subclause (9) has been complied with:
1. (a)
  the Director‑General of ASIS must give the Inspector‑General of Intelligence and Security a report in writing outlining the action taken under subclause (9); and
2. (b)
  if any part of the report relates to an approval under paragraph (3)(b)—the Minister must give a copy of that part of the report to the Prime Minister and each other Minister who was consulted about the approval under paragraph (4)(a).

2Guidelines for the purposes of this Schedule

(1)
The Director‑General of ASIS must issue guidelines for the purposes of this Schedule on matters related to:
1. (a)
  the use of force (including the use of weapons) against a person in the course of activities undertaken by ASIS outside Australia; and
2. (b)
  threats of the use of force (including the use of weapons) against a person in the course of activities undertaken by ASIS outside Australia.
(2)
As soon as practicable after making or changing the guidelines, the Director‑General of ASIS must give the Inspector‑General of Intelligence and Security a copy of the guidelines.
(3)
The Inspector‑General of Intelligence and Security must brief the Committee on the content and effect of the guidelines if:
1. (a)
  the Committee requests the Inspector‑General of Intelligence and Security to do so; or
2. (b)
  the guidelines change.
(4)
Guidelines issued under subclause (1) are not legislative instruments.

3Application of certain State and Territory laws

A person is not required under, or by reason of, a law of a State or Territory:
(a)
to obtain or have a licence or permission for doing any act or thing in accordance with clause 1; or
(b)
to register any weapon provided in accordance with clause 1.

4Reports to Inspector‑General of Intelligence and Security

(1)
The Director‑General of ASIS must give a report to the Inspector‑General of Intelligence and Security if force, or the threat of force, is used by a staff member or agent of ASIS against a person for a purpose mentioned in paragraph 1(2)(b) in the course of activities undertaken by ASIS outside Australia.
(2)
The report must:
1. (a)
  be given in writing as soon as practicable after the force or threat of force is used; and
2. (b)
  explain the circumstances in which the force or threat of force occurred.
(3)
In this clause:
1. (a)
  the use of force includes but is not limited to the use of a weapon; and
2. (b)
  the threat of the use of force includes but is not limited to a threat that involves a weapon.

Endnotes

Endnote 1About the endnotes

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

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

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.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

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.

Misdescribed amendments

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 Legislation Act 2003.

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.

Endnote 2Abbreviation key

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 = Legislation Act 2003	Sch = Schedule(s)
LIA = Legislative Instruments Act 2003	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	underlining = whole or part not
No. = Number(s)	commenced or to be commenced

Endnote 3Legislation history

Act	Number and year	Assent	Commencement	Application, saving and transitional provisions
Intelligence Services Act 2001	152, 2001	1 Oct 2001	29 Oct 2001 (s 2)
Security Legislation Amendment (Terrorism) Act 2002	65, 2002	5 July 2002	Sch 1 (item 19): 6 July 2002 (s 2(1) item 8A)	—
Australian Security Intelligence Organisation Legislation Amendment (Terrorism) Act 2003	77, 2003	22 July 2003	Sch 1 (item 27D): 23 July 2003 (s 2(1) item 4)	—
ASIO Legislation Amendment Act 2003	143, 2003	17 Dec 2003	Sch 2: 18 Dec 2003 (s 2)	—
Intelligence Services Amendment Act 2004	57, 2004	27 Apr 2004	27 Apr 2004 (s 2)	—
Intelligence Services Legislation Amendment Act 2005	128, 2005	4 Nov 2005	Sch 1: 2 Dec 2005 (s 2(1) item 2)	Sch 1 (items 68–70)
Telecommunications (Interception) Amendment Act 2006	40, 2006	3 May 2006	Sch 1 (item 20A): 13 June 2006 (s 2(1) item 2)	—
ASIO Legislation Amendment Act 2006	54, 2006	19 June 2006	Sch 2 (item 33): 20 June 2006 (s 2(1) item 3)	—
Telecommunications (Interception and Access) Amendment Act 2007	177, 2007	28 Sept 2007	Sch 1 (items 15, 68): 1 Nov 2007 (s 2(1) item 2)	Sch 1 (item 68)
Superannuation Legislation Amendment (Trustee Board and Other Measures) (Consequential Amendments) Act 2008	26, 2008	23 June 2008	Sch 1 (item 81): 23 June 2008 (s 2(1) item 4)	—
Telecommunications Interception and Intelligence Services Legislation Amendment Act 2011	4, 2011	22 Mar 2011	Sch 6 (items 18–27) and Sch 8: 23 Mar 2011 (s 2)	Sch 8 (item 4)
Statute Law Revision Act 2011	5, 2011	22 Mar 2011	Sch 5 (items 116–119) and Sch 6 (items 63–66): 19 Apr 2011 (s 2(1) items 13, 17)	—
Acts Interpretation Amendment Act 2011	46, 2011	27 June 2011	Sch 2 (items 733, 734) and Sch 3 (items 10, 11): 27 Dec 2011 (s 2(1) items 5, 12)	Sch 3 (items 10, 11)
Intelligence Services Legislation Amendment Act 2011	80, 2011	25 July 2011	Sch 1 (items 20–28, 32): 26 July 2011 (s 2)	Sch 1 (item 32)
Foreign Affairs Portfolio Miscellaneous Measures Act 2013	54, 2013	28 May 2013	Sch 1 (items 1, 2): 28 May 2013 (s 2)	—
Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014	62, 2014	30 June 2014	Sch 6 (items 52, 53), Sch 9 (items 193, 194) and Sch 14: 1 July 2014 (s 2(1) items 6, 14)	Sch 14
as amended by
Public Governance and Resources Legislation Amendment Act (No. 1) 2015	36, 2015	13 Apr 2015	Sch 2 (items 7–9) and Sch 7: 14 Apr 2015 (s 2)	Sch 7
as amended by
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015	126, 2015	10 Sept 2015	Sch 1 (item 486): 5 Mar 2016 (s 2(1) item 2)	—
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015	126, 2015	10 Sept 2015	Sch 1 (item 495): 5 Mar 2016 (s 2(1) item 2)	—
National Security Legislation Amendment Act (No. 1) 2014	108, 2014	2 Oct 2014	Sch 5 and Sch 6 (items 6–23): 30 Oct 2014 (s 2(1) item 2) Sch 7 (items 1–57, 144, 145): 3 Oct 2014 (s 2(1) items 3, 5)	Sch 5 (item 10), Sch 6 (item 23) and Sch 7 (items 144, 145)
Counter‑Terrorism Legislation Amendment (Foreign Fighters) Act 2014	116, 2014	3 Nov 2014	Sch 1 (items 131B–133G): 1 Dec 2014 (s 2(1) item 2)	Sch 1 (item 133G)
Counter‑Terrorism Legislation Amendment Act (No. 1) 2014	134, 2014	12 Dec 2014	Sch 2: 13 Dec 2014 (s 2(1) item 3)	—
Telecommunications (Interception and Access) Amendment (Data Retention) Act 2015	39, 2015	13 Apr 2015	Sch 1 (items 1E–1G, 7): 13 Oct 2015 (s 2(1) item 2) Sch 1 (items 8–12): 13 Apr 2015 (s 2(1) items 1, 3)	Sch 1 (items 7–12)
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015	126, 2015	10 Sept 2015	Sch 1 (items 311, 312): 5 Mar 2016 (s 2(1) item 2)	—
Australian Citizenship Amendment (Allegiance to Australia) Act 2015	166, 2015	11 Dec 2015	Sch 2 (items 3–9): 12 Dec 2015 (s 2(1) item 1)	Sch 2 (item 9)
Statute Law Revision Act (No. 1) 2016	4, 2016	11 Feb 2016	Sch 4 (items 1, 197–199): 10 Mar 2016 (s 2(1) item 6)	—
Criminal Code Amendment (High Risk Terrorist Offenders) Act 2016	95, 2016	7 Dec 2016	Sch 2 (item 1F): 7 June 2017 (s 2(1) item 3)	—
Defence Legislation Amendment (2017 Measures No. 1) Act 2017	117, 2017	30 Oct 2017	Sch 3 (items 1–11): 31 Oct 2017 (s 2(1) item 8)	—
Intelligence Services Amendment (Establishment of the Australian Signals Directorate) Act 2018	25, 2018	11 Apr 2018	Sch 1 (items 1–34, 100–108): 1 July 2018 (s 2(1) item 2)	Sch 1 (items 100–108)
Home Affairs and Integrity Agencies Legislation Amendment Act 2018	31, 2018	9 May 2018	Sch 1 (items 62–79): 11 May 2018 (s 2(1) item 2)	Sch 1 (item 63)
Counter‑Terrorism Legislation Amendment Act (No. 1) 2018	74, 2018	24 Aug 2018	Sch 1 (item 19): 25 Aug 2018 (s 2(1) item 1)	—
Office of National Intelligence (Consequential and Transitional Provisions) Act 2018	156, 2018	10 Dec 2018	Sch 2 (items 66–84) and Sch 4: 20 Dec 2018 (s 2(1) items 2, 4)	Sch 4
Intelligence Services Amendment Act 2018	161, 2018	10 Dec 2018	Sch 1: 11 Dec 2018 (s 2(1) item 2)	Sch 1 (item 4)
Counter‑Terrorism (Temporary Exclusion Orders) (Consequential Amendments) Act 2019	54, 2019	30 July 2019	Sch 1 (item 2): 30 July 2019 (s 2(1) item 2)	—
Telecommunications (Interception and Access) Amendment (Assistance and Access Amendments Review) Act 2019	124, 2019	12 Dec 2019	Sch 1 (item 1): 13 Dec 2019 (s 2(1) item 1)	—
Australian Citizenship Amendment (Citizenship Cessation) Act 2020	88, 2020	17 Sept 2020	Sch 1 (items 15–22): 18 Sept 2020 (s 2(1) item 1)	Sch 1 (items 16–22)
Australian Security Intelligence Organisation Amendment Act 2020	134, 2020	17 Dec 2020	Sch 1 (item 26A): 7 Sept 2020 (s 2(1) item 2)	—
Migration Amendment (Clarifying International Obligations for Removal) Act 2021	35, 2021	24 May 2021	Sch 2: 25 May 2021 (s 2(1) item 1)	—
Telecommunications Legislation Amendment (International Production Orders) Act 2021	78, 2021	23 July 2021	Sch 1 (item 5B): 24 July 2021 (s 2(1) item 2)	—
Counter‑Terrorism Legislation Amendment (Sunsetting Review and Other Measures) Act 2021	88, 2021	2 Sept 2021	Sch 1 (items 2–4): 3 Sept 2021 (s 2(1) item 1)	—
Surveillance Legislation Amendment (Identify and Disrupt) Act 2021	98, 2021	3 Sept 2021	Sch 3A (item 3): 4 Sept 2021 (s 2(1) item 4)	—
Counter‑Terrorism Legislation Amendment (High Risk Terrorist Offenders) Act 2021	131, 2021	8 Dec 2021	Sch 1 (items 188A, 188B): 9 Dec 2021 (s 2(1) item 2)	—
National Security Legislation Amendment (Comprehensive Review and Other Measures No. 1) Act 2022	31, 2022	1 Apr 2022	Sch 1–6, Sch 10 (items 1–5), Sch 12 and Sch 14: 2 Apr 2022 (s 2(1) items 2, 4, 8) Sch 10 (items 9–13, 15, 16, 25): 1 Oct 2022 (s 2(1) items 5, 6) Sch 10 (item 26): never commenced (s 2(1) item 7)	Sch 1 (item 4) and Sch 10 (items 5, 13, 25)
National Security Legislation Amendment (Comprehensive Review and Other Measures No. 2) Act 2023	53, 2023	11 Aug 2023	Sch 1 (items 11–13, 36–42): 12 Aug 2023 (s 2(1) item 1)	Sch 1 (item 13)
Inspector‑General of Intelligence and Security and Other Legislation Amendment (Modernisation) Act 2023	73, 2023	20 Sept 2023	Sch 1 (items 180–192) and Sch 3 (item 2): 21 Sept 2023 (s 2(1) items 2, 5)	Sch 3 (item 2)
Australian Citizenship Amendment (Citizenship Repudiation) Act 2023	109, 2023	7 Dec 2023	Sch 1 (item 16): 8 Dec 2023 (s 2(1) item 1)	—
National Security Legislation Amendment (Comprehensive Review and Other Measures No. 3) Act 2024	24, 2024	21 May 2024	Sch 2 (items 3–30) and Sch 3 (items 1–16): 22 May 2024 (s 2(1) item 7)	Sch 2 (items 6, 30) and Sch 3 (item 16)
Counter‑Terrorism Legislation Amendment (Declared Areas) Act 2024	77, 2024	2 Sept 2024	Sch 1 (item 3): 3 Sept 2024 (s 2(1) item 1)	—
Intelligence Services and Other Legislation Amendment (Cyber Security) Act 2024	99, 2024	29 Nov 2024	Sch 1: 30 Nov 2024 (s 2(1) item 2)	—

Endnote 4Amendment history

Provision affected	How affected
Part 1
s 3.............................................	am No 128, 2005; No 4, 2011; No 5, 2011; No 54, 2013; No 108, 2014; No 116, 2014; No 39, 2015; No 166, 2015; No 117, 2017; No 25, 2018; No 156, 2018; No 31, 2022 (Sch 10 item 26); No 73, 2023; No 24, 2024; No 99, 2024
s 3A...........................................	ad No 134, 2014
am No 126, 2015
Part 2
Division 1
Division 1 heading......................	ad No 108, 2014
s 6.............................................	am No 57, 2004; No 128, 2005; No 4, 2011; No 80, 2011; No 108, 2014; No 134, 2014
ed C31
am No 161, 2018; No 53, 2023
s 6A...........................................	am No 53, 2023
s 6B...........................................	ad No 128, 2005
am No 4, 2011; No 80, 2011; No 108, 2014; No 117, 2017
ed C31
s 7.............................................	am No 128, 2005; No 4, 2011; No 108, 2014; No 25, 2018
ed C31
s 8.............................................	am No 128, 2005, No 80, 2011; No 108, 2014; No 134, 2014; No 25, 2018; No 31, 2022; No 53, 2023
s 9.............................................	am No 128, 2005; No 80, 2011; No 108, 2014; No 134, 2014; No 31, 2018; No 31, 2022; No 24, 2024
s 9A...........................................	ad No 128, 2005
am No 5, 2011
rs No 134, 2014
am No 31, 2018; No 31, 2022; No 24, 2024
s 9B...........................................	ad No 134, 2014
am No 31, 2018; No 24, 2024
s 9C...........................................	ad No 134, 2014
am No 31, 2018; No 24, 2024
s 9D...........................................	ad No 31, 2022
am No 24, 2024
s 10............................................	am No 128, 2005; No 134, 2014; No 31, 2022
s 10AA......................................	ad No 31, 2022
am No 24, 2024
s 10A.........................................	ad No 128, 2005
am No 134, 2014; No 31, 2022
s 11............................................	am No 128, 2005; No 4, 2011; No 80, 2011; No 108, 2014; No 117, 2017; No 25, 2018; No 24, 2024
s 12A.........................................	am No 128, 2005; No 108, 2014; No 25, 2018
Division 2
Division 2 heading......................	ad No 108, 2014
ed C31
s 13............................................	am No 57, 2004; No 4, 2011; No 108, 2014; No 25, 2018; No 31, 2022
s 13A.........................................	ad No 4, 2011
am No 25, 2018
ed C31
am No 156, 2018
Division 3
Division 3..................................	ad No 108, 2014
s 13B.........................................	ad No 108, 2014
am No 25, 2018; No 31, 2022; No 24, 2024
s 13C.........................................

ad No 108, 2014
s 13D.........................................	ad No 108, 2014
s 13E.........................................	ad No 108, 2014
am No 25, 2018
s 13F..........................................	ad No 108, 2014
am No 25, 2018
s 13G.........................................	ad No 108, 2014
am No 31, 2018
Division 4
Division 4 heading......................	ad No 108, 2014
s 14............................................	am No 128, 2005; No 40, 2006; No 177, 2007; No 80, 2011; No 108, 2014; No 25, 2018
s 15............................................	am No 128, 2005; No 80, 2011; No 108, 2014; No 25, 2018; No 31, 2022
Part 3
Part 3 heading.............................	am No 25, 2018
Division 1
s 16............................................	am No 62, 2014; No 25, 2018
s 17............................................	am No 25, 2018
s 19............................................	am No 25, 2018
Division 2
Division 2 heading......................	am No 25, 2018
s 20............................................	am No 25, 2018
s 21............................................	am No 25, 2018
s 22............................................	am No 25, 2018
s 23............................................	am No 26, 2008; No 62, 2014; No 25, 2018
s 24............................................	am No 46, 2011; No 25, 2018
s 25............................................	am No 25, 2018
s 26............................................	rep No 62, 2014
s 27............................................	am No 128, 2005; No 25, 2018; No 24, 2024
Part 3A
Part 3A......................................	ad No 25, 2018
Division 1
s 27A.........................................	ad No 25, 2018
s 27B.........................................	ad No 25, 2018
s 27C.........................................	ad No 25, 2018
s 27D.........................................	ad No 25, 2018
Division 2
s 27E.........................................	ad No 25, 2018
s 27F..........................................	ad No 25, 2018
s 27G.........................................	ad No 25, 2018
s 27H.........................................	ad No 25, 2018
s 27J..........................................	ad No 25, 2018
s 27K.........................................	ad No 25, 2018
s 27L.........................................	ad No 25, 2018
s 27M........................................	ad No 25, 2018
s 27N.........................................	ad No 25, 2018
Part 4
Part 4 heading.............................	rs No 128, 2005
s 28............................................	am No 128, 2005; No 4, 2011; No 53, 2023
s 29............................................	am No 65, 2002; No 77, 2003; No 143, 2003; No 128, 2005; No 54, 2006; No 108, 2014; No 116, 2014; No 134, 2014; No 39, 2015; No 166, 2015; No 95, 2016; No 31, 2018; No 74, 2018; No 156, 2018; No 54, 2019; No 124, 2019; No 88, 2020; No 134, 2020; No 35, 2021; No 78, 2021; No 88, 2021; No 98, 2021; No 131, 2021; No 31, 2022; No 109, 2023; No 77, 2024
s 30............................................	am No 128, 2005; No 108, 2014; No 116, 2014; No 166, 2015; No 25, 2018; No 156, 2018
Part 5
s 33............................................	am No 25, 2018
s 34............................................	am No 25, 2018
s 35............................................	am No 25, 2018
s 36A.........................................	ad No 54, 2013
am No 25, 2018
s 37............................................	am No 25, 2018
s 38............................................	am No 25, 2018
Part 5A
Part 5A......................................	ad No 25, 2018
s 38A.........................................	ad No 25, 2018
s 38B.........................................	ad No 25, 2018
s 38C.........................................	ad No 25, 2018
s 38D.........................................	ad No 25, 2018
s 38E.........................................	ad No 25, 2018
s 38F..........................................	ad No 25, 2018
s 38G.........................................	ad No 25, 2018
s 38H.........................................	ad No 25, 2018
Part 6
Division 1
Division 1 heading......................	ad No 108, 2014
s 39............................................	am No 108, 2014; No 4, 2016; No 25, 2018; No 73, 2023; No 24, 2024
s 39A.........................................	ad No 128, 2005
am No 108, 2014; No 73, 2023
rep No 24, 2024
s 40............................................	am No 128, 2005; No 108, 2014; No 4, 2016; No 25, 2018; No 73, 2023
rep No 24, 2024
s 40A.........................................	ad No 108, 2014
rep No 156, 2018
s 40B.........................................	ad No 108, 2014
am No 73, 2023
rep No 24, 2024
s 40C.........................................	ad No 108, 2014
am No 25, 2018; No 73, 2023; No 24, 2024
s 40D.........................................	ad No 108, 2014
am No 25, 2018; No 73, 2023; No 24, 2024
s 40E.........................................	ad No 108, 2014
am No 73, 2023
rep No 24, 2024
s 40F..........................................	ad No 108, 2014
am No 73, 2023
rep No 24, 2024
s 40G.........................................	ad No 108, 2014
am No 25, 2018; No 73, 2023
rep No 24, 2024
s 40H.........................................	ad No 108, 2014
am No 25, 2018; No 73, 2023
rep No 24, 2024
s 40J..........................................	ad No 108, 2014
rep No 156, 2018
s 40K.........................................	ad No 108, 2014
rep No 156, 2018
s 40L.........................................	ad No 108, 2014
am No 73, 2023
rep No 24, 2024
s 40M........................................	ad No 108, 2014
am No 73, 2023
rep No 24, 2024
s 41............................................	am No 108, 2014; No 4, 2016; No 25, 2018; No 73, 2023
s 41AA......................................	ad No 24, 2024
s 41AB.......................................	ad No 24, 2024
s 41AC.......................................	ad No 24, 2024
s 41A.........................................	ad No 108, 2014
s 41B.........................................	ad No 108, 2014
am No 156, 2018; No 73, 2023; No 24, 2024
Division 1A
s 41BA.......................................	ad No 99, 2024
s 41BB.......................................	ad No 99, 2024
s 41BC.......................................	ad No 99, 2024
s 41BD.......................................	ad No 99, 2024
s 41BE.......................................	ad No 99, 2024
s 41BF.......................................	ad No 99, 2024
s 41BG.......................................	ad No 99, 2024
s 41BH.......................................	ad No 99, 2024
s 41BI........................................	ad No 99, 2024
Division 2
Division 2 heading......................	ad No 108, 2014
s 41C.........................................	ad No 31, 2022
s 42............................................	am No 57, 2004; No 25, 2018; No 161, 2018
s 42A.........................................	ad No 25, 2018
Schedule 1
Schedule 1 heading......................	rs No 128, 2005
Part 1A
Part 1A heading..........................	rs No 128, 2005
c 1A...........................................	am No 128, 2005; No 108, 2014; No 116, 2014; No 166, 2015; No 25, 2018; No 156, 2018
c 1B...........................................	ad No 128, 2005
Part 1
c 3.............................................	am No 128, 2005
c 7.............................................	am No 128, 2005; No 108, 2014
c 8.............................................	am No 4, 2011
Part 2
c 9.............................................	am No 4, 2016
c 10...........................................	am No 4, 2016
c 11...........................................	am No 4, 2016
c 12...........................................	am No 4, 2016
Part 3
c 16A.........................................	ad No 128, 2005
c 17...........................................	am No 128, 2005
c 18...........................................	am No 128, 2005; No 4, 2011; No 53, 2023
c 20...........................................	am No 128, 2005; No 108, 2014; No 156, 2018
Part 4
Part 4.........................................	ad No 128, 2005
c 23...........................................	ad No 128, 2005
c 24...........................................	ad No 128, 2005
c 25...........................................	ad No 128, 2005
Schedule 2
Schedule 2 heading......................	rs No 161, 2018
Schedule 2..................................	ad No 57, 2004
c 1.............................................	ad No 57, 2004
am No 80, 2011; No 108, 2014; No 25, 2018
ed C31
am No 161, 2018
c 2.............................................	ad No 57, 2004
am No 108, 2014
c 3.............................................	ad No 57, 2004
am No 25, 2018
rs No 161, 2018
Schedule 3
Schedule 3..................................	ad No 161, 2018
c 1.............................................	ad No 161, 2018
c 2.............................................	ad No 161, 2018
c 3.............................................	ad No 161, 2018
c 4.............................................	ad No 161, 2018