National Security Legislation Amendment Act (No. 1) 2014 (Cth)

National Security Legislation Amendment Act (No. 1) 2014

No. 108, 2014

An Act to amend the law relating to national security and intelligence services, and for related purposes

Contents

National Security Legislation Amendment Act (No. 1) 2014

No. 108, 2014

An Act to amend the law relating to national security and intelligence services, and for related purposes

[Assented to 2 October 2014]

The Parliament of Australia enacts:

1Short title

This Act may be cited as the National Security Legislation Amendment Act (No. 1) 2014.

2Commencement

(1)
Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provision(s)	Commencement	Date/Details
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table	The day this Act receives the Royal Assent.	2 October 2014
2. Schedules 1 to 6	The 28th day after this Act receives the Royal Assent.	30 October 2014
3. Schedule 7, items 1 to 110	The day after this Act receives the Royal Assent.	3 October 2014
4. Schedule 7, items 111 to 114	The day after this Act receives the Royal Assent. However, if item 1 of Schedule 1 to the Independent National Security Legislation Monitor Repeal Act 2014 commences at or before that time, the provision(s) do not commence at all.	3 October 2014
5. Schedule 7, items 115 to 145	The day after this Act receives the Royal Assent.	3 October 2014

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2)
Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—ASIO employment etc.

Part 1Main amendments

Australian Security Intelligence Organisation Act 1979

Section 4

Insert:
ASIO affiliate means a person performing functions or services for the Organisation in accordance with a contract, agreement or other arrangement, and includes a person engaged under section 85 and a person performing services under an agreement under section 87, but does not include the Director‑General or an ASIO employee.
ASIO employee means a person employed under section 84 or 90.
2
Section 4 (definition of Deputy Director‑General)
Omit “an officer of the Organisation who holds office”, substitute “a person who holds, or is acting in, a position known”.

Section 4

Insert:
senior position‑holder means an ASIO employee, or an ASIO affiliate, who holds, or is acting in, a position in the Organisation that is:
(a)
equivalent to or higher than a position occupied by an SES employee; or
(b)
known as Coordinator.

Paragraph 8A(1)(b)

Omit “sections 85 and 86”, substitute “sections 84, 85, 86 and 87”.

Section 16

Repeal the section, substitute:

16Delegation

(1)
The Director‑General may, by signed writing, delegate to a person any of the Director‑General’s powers, functions or duties under or for the purposes of this Act that relate to:
(a)
the management of ASIO employees or ASIO affiliates; or
(b)
the financial management of the Organisation.
Note: For further provisions relating to delegations, see sections 34AB and 34A of the Acts Interpretation Act 1901.
(2)
In exercising powers, performing functions or discharging duties under a delegation, the delegate must comply with any written direction given by the Director‑General to the delegate.

Subsection 18(2)

Repeal the subsection (not including the penalty), substitute:
Offence for unauthorised communication of information or matter
(2)
A person commits an offence if:
(a)
the person makes a communication of any information or matter; and
(b)
the information or matter has come to the knowledge or into the possession of the person by reason of:
(i)
his or her being, or having been, an ASIO employee; or
(ii)
his or her being, or having been, an ASIO affiliate; or
(iii)
his or her having entered into a contract, agreement or arrangement with ASIO (otherwise than as an ASIO affiliate); and
(c)
the information or matter:
(i)
was acquired or prepared by or on behalf of the Organisation in connection with its functions; or
(ii)
relates to the performance by the Organisation of its functions; and
(d)
the communication was not made to the Director‑General, an ASIO employee or an ASIO affiliate:
(i)
by an ASIO employee, in the course of the ASIO employee’s duties; or
(ii)
by an ASIO affiliate, in accordance with the contract, agreement or other arrangement under which the ASIO affiliate is performing functions or services for the Organisation; or
(iii)
by a person who has entered into a contract, agreement or arrangement with ASIO (otherwise than as an ASIO affiliate), in accordance with the contract, agreement or arrangement; and
(e)
the communication was not made by a person acting within the limits of authority conferred on the person by the Director‑General; and
(f)
the communication was not made with the approval of the Director‑General or of a person having the authority of the Director‑General to give such an approval.

Subsection 19A(3)

Omit “officers and employees, and other resources, of the Organisation”, substitute “ASIO employees and ASIO affiliates, and other resources of the Organisation,”.

Subsection 23(1)

Omit “an authorised officer or employee”, substitute “the Director‑General or an authorised person”.

Subsection 23(6)

Repeal the subsection, substitute:
(6)
The Director‑General, or a person appointed under subsection (6A), may authorise, in writing, a person, or a class of persons, for the purposes of this section.
(6A)
The Director‑General may, in writing, appoint a senior position‑holder, or a class of senior position‑holders, for the purposes of subsection (6).
10
Subsection 23(7) (definition of authorised officer or employee)
Repeal the definition.

Subsection 23(7)

Insert:
authorised person means a person who is authorised under subsection (6) for the purposes of this section.
12
Subsection 23(7) (definition of senior officer of the Organisation)
Repeal the definition.

Subsection 25A(4) (note)

Omit “an ASIO officer”, substitute “a person”.

Subsection 25A(4) (note)

Omit “the ASIO officer”, substitute “the person”.

Subsections 27(1) and 27AA(1)

Omit “an officer, employee or agent of the Organisation” (wherever occurring), substitute “the Director‑General, an ASIO employee or an ASIO affiliate”.

Paragraph 34ZC(2)(c)

Repeal the paragraph, substitute:
(c)
an ASIO employee or an ASIO affiliate;

Subparagraph 34ZE(7)(c)(iii)

Repeal the subparagraph, substitute:
(iii)
an ASIO employee or an ASIO affiliate;

Part V (heading)

Repeal the heading, substitute:

Part V—ASIO employees etc.

Sections 84 to 89

Repeal the sections, substitute:

84Employees of the Organisation

Employees
(1)
The Director‑General may, on behalf of the Commonwealth, employ such persons as he or she considers necessary for the performance of the Organisation’s functions and the exercise of the Organisation’s powers.
(2)
The Director‑General may from time to time determine in writing the terms and conditions of employment applying to persons employed under subsection (1).
(3)
The Director‑General, on behalf of the Commonwealth, has all the rights, duties and powers of an employer in respect of persons employed under subsection (1).
(4)
Without limiting subsection (3), the Director‑General has, in respect of persons employed under subsection (1), the rights, duties and powers that are prescribed by regulation.
Termination of employment
(5)
The Director‑General may, at any time, by written notice, terminate the employment of a person employed under subsection (1).
Note: The Fair Work Act 2009 has rules and entitlements that apply to termination of employment.

85Consultants and contractors

(1)
The Director‑General may engage persons as consultants or contractors to the Organisation.
(2)
An engagement under subsection (1) is to be made:
(a)
on behalf of the Commonwealth; and
(b)
by written agreement.

86Secondment of ASIO employees

Secondment
(1)
The Director‑General may, in writing, arrange for an ASIO employee to be seconded for a specified period to a body or organisation whether within or outside Australia.
Termination of secondment
(2)
The Director‑General may at any time, by notice given to the body or organisation to which an ASIO employee is seconded under subsection (1), terminate the secondment.

87Secondment of persons to the Organisation

(1)
The Director‑General may, by written agreement with a body or organisation (whether within or outside Australia), arrange for a person who is an officer, employee or other member of staff of the body or organisation to be made available to the Organisation to perform services in connection with the performance or the exercise of any of the Organisation’s functions or powers.
(2)
The terms and conditions (including remuneration and allowances) applicable to a person performing services under an agreement are those specified in the agreement.

88Applicability of principles of the Public Service Act 1999

Although ASIO employees are not employed under the Public Service Act 1999, the Director‑General must adopt the principles of that Act in relation to ASIO employees to the extent to which the Director‑General considers they are consistent with the effective performance of the functions of the Organisation.

89Voluntary moves to APS

(1)
Section 26 of the Public Service Act 1999 applies in relation to an ASIO employee as if the ASIO employee were an APS employee and the Organisation were an APS Agency.
(2)
An ASIO employee who moves to an APS Agency under that section is entitled to have his or her employment, as an ASIO employee, treated as if it were:
(a)
employment as an APS employee; and
(b)
at a corresponding classification, as agreed between the Director‑General and the Australian Public Service Commissioner.

Section 90 (heading)

Repeal the heading, substitute:

90Regulations relating to employment of persons

Subsection 90(1)

Omit “officers otherwise than under agreements in writing and may, in respect of officers”, substitute “persons otherwise than under section 84 and may, in respect of persons”.

Subsection 90(2)

Repeal the subsection.

Subsection 90(2A)

Omit “persons who are or have been officers or temporary or casual employees”, substitute “persons who are ASIO employees, ASIO affiliates, former ASIO employees or former ASIO affiliates”.

Subsection 90(3)

Omit “notwithstanding sections 84, 85 and 86”, substitute “despite section 84”.

Subsection 90(4)

Repeal the subsection.

Section 91

Omit “officers and employees of the Organisation”, substitute “ASIO employees and ASIO affiliates”.

Section 92 (heading)

Repeal the heading, substitute:

92Publication of identity of ASIO employee or ASIO affiliate

Subsection 92(1)

Omit all the words after “residing at”, substitute:
a particular address, is:
(a)
an ASIO employee or ASIO affiliate, or is in any way connected with an ASIO employee or ASIO affiliate; or
(b)
subject to subsection (1B), is a former ASIO employee or former ASIO affiliate or is in any way connected with a former ASIO employee or former ASIO affiliate.

Subsection 92(1A)

Omit all the words after “residing at”, substitute:
a particular address, is:
(a)
an ASIO employee or ASIO affiliate, or is in any way connected with an ASIO employee or ASIO affiliate; or
(b)
subject to subsection (1B), is a former ASIO employee or former ASIO affiliate, or is in any way connected with a former ASIO employee or former ASIO affiliate.

Subsection 92(1B)

Omit “former officer, employee or agent of the Organisation” (wherever occurring), substitute “former ASIO employee or former ASIO affiliate”.

Part 2Other amendments

Administrative Appeals Tribunal Act 1975

Subsection 3(1)

Insert:
ASIO affiliate has the same meaning as in the Australian Security Intelligence Organisation Act 1979.
ASIO employee has the same meaning as in the Australian Security Intelligence Organisation Act 1979.

Subsections 19(3B), 21AA(3) and 21AB(3)

Omit “an officer, employee or agent of the Australian Security Intelligence Organisation”, substitute “an ASIO employee or ASIO affiliate”.

Subsection 39A(15)

Repeal the subsection, substitute:
(15)
If a person invited or summoned to give evidence under subsection (14) is:
(a)
an ASIO employee or ASIO affiliate; or
(b)
an officer or employee of the Commonwealth agency to which the assessment was given;
subsection (8) applies as if any evidence to be given by the person were evidence proposed to be adduced by or on behalf of the Director‑General of Security or that agency, as the case may be.

Australian Postal Corporation Act 1989

Subsection 90F(1)

Omit “an officer or employee of ASIO”, substitute “a person”.

Paragraph 90F(2)(b)

Omit “an officer or employee of ASIO”, substitute “a person”.

Paragraph 90LD(2)(a)

Repeal the paragraph, substitute:
(a)
the person is an ASIO employee (within the meaning of the ASIO Act) or an ASIO affiliate (within the meaning of that Act) and the information or document is or may be relevant to security (within the meaning of that Act); or

Crimes Act 1914

37
Paragraph 15LH(3) (paragraph (f) of the definition of senior officer)
Omit “senior officer of the Australian Security Intelligence Organisation as defined in section 24 of the Australian Security Intelligence Organisation Act 1979, or a person occupying an equivalent or higher position in the Australian Security Intelligence Organisation”, substitute “senior position‑holder within the meaning of the Australian Security Intelligence Organisation Act 1979”.

Criminal Code Act 1995

Subsection 100.1(1) of the Criminal Code

Insert:
ASIO affiliate has the same meaning as in the Australian Security Intelligence Organisation Act 1979.
ASIO employee has the same meaning as in the Australian Security Intelligence Organisation Act 1979.
39
Subparagraph 105.39(2)(b)(vi) of the Criminal Code
Omit “officer or employee of the Australian Security Intelligence Organisation”, substitute “ASIO employee or an ASIO affiliate”.
40
Subsections 105.42(2) and (3) of the Criminal Code
Omit “officer or employee of the Australian Security Intelligence Organisation”, substitute “ASIO employee or an ASIO affiliate”.
41
Subparagraph 105.43(11)(c)(iv) of the Criminal Code
Omit “officer or employee of the Australian Security Intelligence Organisation”, substitute “ASIO employee or an ASIO affiliate”.

Inspector‑General of Intelligence and Security Act 1986

Subsection 3(1)

Insert:
ASIO affiliate has the same meaning as in the Australian Security Intelligence Organisation Act 1979.
ASIO employee has the same meaning as in the Australian Security Intelligence Organisation Act 1979.

Paragraph 8(1)(b)

Omit “employees of ASIO”, substitute “ASIO employees and ASIO affiliates”.

Paragraph 8(7)(a)

Omit “Director‑General of Security or ASIO employees”, substitute “Director‑General of Security, ASIO employees or ASIO affiliates”.

After subsection 8(7)

Insert:
(8)
The functions of the Inspector‑General include inquiring into a matter to which a complaint to the Inspector‑General made by an ASIO affiliate relates to the extent that the matter is related to:
(a)
the contract, agreement or other arrangement under which the ASIO affiliate is performing functions or services for ASIO; or
(b)
the performance of functions or services by the ASIO affiliate under the contract, agreement or other arrangement.
(8A)
However, the Inspector‑General may decide not to inquire into a matter referred to in subsection (8) if the Inspector‑General is satisfied that the ASIO affiliate can have the matter reviewed by a body constituted by, or including, persons other than the Director‑General of Security, ASIO employees or ASIO affiliates.

Paragraph 11(5)(a)

Omit “employees of that agency”, substitute “ASIO employees or ASIS employees (as the case may be)”.

At the end of paragraph 11(5)(a)

Add “or”.

At the end of section 11

Add:
(6)
The Inspector‑General may decide not to inquire into the matters to which a complaint of the kind referred to in subsection 8(8) relates in respect of action taken by ASIO if the Inspector‑General is satisfied that:
(a)
the procedures of ASIO relating to redress of grievances of ASIO affiliates are adequate and effective; or
(b)
the complainant has not pursued those procedures as far as practicable; or
(c)
the matters to which the complaint relates are not of sufficient seriousness or sensitivity to justify an inquiry into those matters.

Public Interest Disclosure Act 2013

Subparagraph 41(1)(f)(i)

Omit “or the Australian Security Intelligence Organisation”.

After paragraph 41(1)(f)

Insert:
(fa)
information:
(i)
that identifies a person as an ASIO employee (within the meaning of the Australian Security Intelligence Organisation Act 1979), an ASIO affiliate (within the meaning of that Act), a former ASIO employee, or a former ASIO affiliate, other than a person referred to in subsection (4); or
(ii)
from which the identity of such a person could reasonably be inferred; or
(iii)
that could reasonably lead to the identity of such a person being established;

Subsection 41(3)

Repeal the subsection, substitute:
(3)
Paragraph (1)(f) does not apply to the Director‑General of ASIS, or a person who has been determined by the Director‑General of ASIS under this subsection.
(4)
Paragraph (1)(fa) does not apply to the Director‑General of Security, or a person who has been determined by the Director‑General of Security under this subsection.

Section 66 (table item 7)

Omit “agency to which the agent or member of the staff referred to in that paragraph belongs”, substitute “Australian Secret Intelligence Service”.

Section 66 (after table item 7)

Insert:

Paragraph 41(1)(fa)

The Australian Security Intelligence Organisation.

Surveillance Devices Act 2004

Subparagraph 45(4)(e)(i)

Omit “officer or employee of the Australian Security Intelligence Organisation”, substitute “ASIO employee (within the meaning of the Australian Security Intelligence Organisation Act 1979) or an ASIO affiliate (within the meaning of that Act)”.

Taxation Administration Act 1953

Paragraph 355‑70(2)(b) in Schedule 1

Omit “any other individual employed under paragraph 84(1)(a) or (b) of that Act”, substitute “an ASIO employee (within the meaning of that Act) or an ASIO affiliate (within the meaning of that Act)”.
56
Paragraphs 355‑185(1)(c) and (2)(c) in Schedule 1
Omit “officers or employees of ASIO”, substitute “ASIO employees (within the meaning of the Australian Security Intelligence Organisation Act 1979) or ASIO affiliates (within the meaning of that Act)”.

Telecommunications (Interception and Access) Act 1979

Subsection 5(1)

Insert:
ASIO affiliate has the same meaning as in the Australian Security Intelligence Organisation Act 1979.
ASIO employee has the same meaning as in the Australian Security Intelligence Organisation Act 1979.
58
Subsection 5(1) (definition of Deputy Director‑General of Security)
Omit “an officer of the Organisation who holds office”, substitute “a person who holds, or is acting in, a position known”.

Section 5AD

Omit “senior officer of the Organisation (within the meaning of section 24”, substitute “senior position‑holder (within the meaning”.

Paragraph 7(2)(ac)

Omit “officer of the Organisation”, substitute “ASIO employee”.

After paragraph 7(2)(ac)

Insert:
(ad)
the interception of a communication where the interception results from, or is incidental to, action taken by an ASIO affiliate, in accordance with the contract, agreement or other arrangement under which the ASIO affiliate is performing functions or services for the Organisation, for the purpose of:
(i)
discovering whether a listening device is being used at, or in relation to, a particular place; or
(ii)
determining the location of a listening device; or

Section 12

Omit “an officer of the Organisation”, substitute “an ASIO employee or ASIO affiliate”.

Section 12

Omit “officers and employees of the Organisation and other persons”, substitute “any persons”.

Subsection 18(4)

Omit all the words after “respect”, substitute:
to anything done by an ASIO employee or an ASIO affiliate:
(a)
in connection with the execution of a warrant issued under this Part; or
(b)
in connection with:
(i)
the communication by a person to another person of; or
(ii)
the making use of; or
(iii)
the making of a record of; or
(iv)
the custody of a record of; or
(v)
the giving in evidence of;
information obtained by the execution of such a warrant.

Paragraph 55(3)(c)

Repeal the paragraph, substitute:
(c)
ASIO employees (or classes of ASIO employees);

Subsection 55(8)

Omit “officer or employee of the Organisation”, substitute “ASIO employee”.

Subsection 64(2)

Omit “officer or employee of the Organisation”, substitute “ASIO employee or ASIO affiliate”.

Paragraph 108(2)(g)

Omit “an officer of the Organisation”, substitute “an ASIO employee”.

After paragraph 108(2)(g)

Insert:
(ga)
accessing a stored communication if the access results from, or is incidental to, action taken by an ASIO affiliate, in accordance with the contract, agreement or other arrangement under which the ASIO affiliate is performing functions or services for the Organisation, for the purpose of:
(i)
discovering whether a listening device is being used at, or in relation to, a particular place; or
(ii)
determining the location of a listening device; or

Subsections 136(2) and (3)

Omit “officer or employee of the Organisation”, substitute “ASIO employee or ASIO affiliate”.

Subsection 136(3)

Omit “such officer or employee”, substitute “ASIO employee or ASIO affiliate”.

Subsection 136(4)

Omit “officer or employee of the Organisation”, substitute “ASIO employee or ASIO affiliate”.

Subsection 174(2)

Omit “an officer or employee of the Organisation”, substitute “any other ASIO employee or ASIO affiliate”.

Section 175

Omit “officer or employee of the Organisation” (wherever occurring), substitute “ASIO employee or ASIO affiliate”.

Paragraph 176(2)(c)

Omit “officer or employee of the Organisation”, substitute “ASIO employee or ASIO affiliate”.

Subsections 184(1) and (2)

Omit “officer or employee of the Organisation”, substitute “ASIO employee or ASIO affiliate”.

Paragraphs 185B(1)(a) and (b)

Omit “officer or employee of the Organisation”, substitute “ASIO employee or ASIO affiliate”.

Part 3Transitional and application provisions

Transitional—delegations

(1) This item applies to a delegation if the delegation was in force under section 16 of the Australian Security Intelligence Organisation Act 1979 immediately before the commencement of this Schedule.
(2) The delegation has effect, after that commencement, as if the delegation had been made under section 16 of that Act as amended by this Schedule.
79
Transitional—requesting information or documents from operators of aircraft or vessels
(1) If, immediately before the commencement of this Schedule, a person was an authorised officer or employee within the meaning of section 23 of the Australian Security Intelligence Organisation Act 1979, the person is taken, after that commencement, to be an authorised person within the meaning of that section as amended by this Schedule.
(2) If, immediately before the commencement of this Schedule, a person was an authorising officer for the purposes of subsection 23(6) of the Australian Security Intelligence Organisation Act 1979, the person is taken, after that commencement, to be a person appointed under subsection 23(6A) of that Act as inserted by this Schedule.
80
Application and transitional—employees of the Organisation
A person who, immediately before the commencement of this Schedule, was an officer or employee of the Organisation employed under section 84 of the Australian Security Intelligence Organisation Act 1979, is, immediately after that commencement, taken to be employed:
(a)
under subsection 84(1) of that Act as in force immediately after that commencement; and
(b)
on the terms and conditions that were applicable to the person immediately before that commencement.
81
Employees of the Organisation—acquisition of property
(1) This item applies to a person who, immediately before the commencement of this Schedule, was an officer or employee of the Organisation employed under section 84 of the Australian Security Intelligence Organisation Act 1979.
(2) Section 84 of the Australian Security Intelligence Organisation Act 1979, as substituted by this Schedule, does not apply to the extent (if any) to which the operation of that section would result in the acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from the person otherwise than on just terms (within the meaning of that paragraph).
82
Transitional—former officers, employees or agents
If, immediately before the commencement of this Schedule, a person was a former officer, employee or agent of the Australian Security Intelligence Organisation, the person is, after that commencement, taken, for the purposes of the Australian Security Intelligence Organisation Act 1979, to be a former ASIO employee or former ASIO affiliate.
83
Transitional—authorisations under the Australian Postal Corporation Act 1989
If, immediately before the commencement of this Schedule, a person was an authorised ASIO officer within the meaning of section 90F of the Australian Postal Corporation Act 1989, the person is taken, after that commencement, to be an authorised ASIO officer within the meaning of that section as amended by this Schedule.
84
Transitional—delegations under the Crimes Act 1914
(1) This item applies to a delegation if the delegation was in force immediately before the commencement of this Schedule under section 15LH of the Crimes Act 1914 in relation to a person referred to in paragraph (f) of the definition of senior officer in subsection 15LH(3) of that Act.
(2) The delegation has effect, after that commencement, as if the delegation had been made under that section in relation to a person referred to in that paragraph as amended by this Schedule.
85
Transitional—determinations under the Public Interest Disclosure Act 2013
(1) If, immediately before the commencement of this Schedule, a person is a person determined by the Director‑General of ASIS under paragraph 41(3)(a) of the Public Interest Disclosure Act 2013, the person is taken, after that commencement, to be a person determined by the Director‑General of ASIS under subsection 41(3) of that Act as substituted by this Schedule.
(2) If, immediately before the commencement of this Schedule, a person is a person determined by the Director‑General of Security under paragraph 41(3)(b) of the Public Interest Disclosure Act 2013, the person is taken, after that commencement, to be a person determined by the Director‑General of Security under subsection 41(4) of that Act as inserted by this Schedule.
86
Transitional—authorisations under the Taxation Administration Act 1953
If, immediately before the commencement of this Schedule, a person was an authorised ASIO officer within the meaning of paragraph 355‑70(2)(b) of the Taxation Administration Act 1953, the person is taken, after that commencement, to be an authorised ASIO officer within the meaning of that paragraph as amended by this Schedule.
87
Transitional provisions—Telecommunications (Interception and Access) Act 1979
(1) If, immediately before the commencement of this Schedule, a person was a person authorised to be a certifying person under section 5AD of the Telecommunications (Interception and Access) Act 1979, the person is taken, after that commencement, to be a person authorised to be a certifying person under that section as amended by this Schedule.
(2) If, immediately before the commencement of this Schedule, a person was an authorizing officer for the purposes of section 12 of the Telecommunications (Interception and Access) Act 1979, the person is taken, after that commencement, to be an authorizing officer for the purposes of that section as amended by this Schedule.
(3) If, immediately before the commencement of this Schedule, a person was approved under section 12 of the Telecommunications (Interception and Access) Act 1979, the person is taken, after that commencement, to be a person approved under that section as amended by this Schedule.
(4) If, immediately before the commencement of this Schedule, a person was approved under paragraph 55(3)(c) of the Telecommunications (Interception and Access) Act 1979 to exercise the authority conferred by warrants (or classes of warrants), the person is taken, after that commencement, to be approved under that paragraph as amended by this Schedule.

Schedule 2Powers of the OrganisationPart 1Amendments

Australian Security Intelligence Organisation Act 1979

Section 4 (definition of certified copy)

Repeal the definition, substitute:
certified copy means:
(a)
in relation to a warrant—a copy of the warrant that has been certified in writing by the Director‑General or a Deputy Director‑General to be a true copy of the warrant; or
(b)
in relation to an authorisation under section 27G—a copy of the authorisation that has been certified in writing by the Director‑General or a Deputy Director‑General to be a true copy of the authorisation; or
(c)
in relation to an instrument varying or revoking a warrant or an authorisation under section 27G—a copy of the instrument that has been certified in writing by the Director‑General or a Deputy Director‑General to be a true copy of the instrument.

Before section 22

Insert:

Subdivision A—Preliminary

Section 22

Insert:
communication in transit means a communication (within the meaning of the Telecommunications Act 1997) passing over a telecommunications network (within the meaning of that Act).

Section 22 (definition of computer)

Repeal the definition, substitute:
computer means all or part of:
(a)
one or more computers; or
(b)
one or more computer systems; or
(c)
one or more computer networks; or
(d)
any combination of the above.

Section 22

Insert:
device includes instrument, apparatus and equipment.
enhancement equipment, in relation to a surveillance device, means equipment capable of enhancing a signal, image or other information obtained by the use of the surveillance device.
identified person warrant means a warrant issued under section 27C.
install includes attach and apply.

Section 22 (definition of listening device)

Repeal the definition, substitute:
listening device means any device capable of being used, whether alone or in conjunction with any other device, to overhear, record, monitor or listen to sounds, signals or a conversation, or words spoken to or by any person in conversation, but does not include a hearing aid or similar device used by a person with impaired hearing to overcome that impairment and permit that person to hear only sounds ordinarily audible to the human ear.

Section 22

Insert:
maintain, in relation to a surveillance device, includes adjust, improve, relocate, repair, service and replace the device.
object means:
(a)
a vehicle, aircraft, vessel or other means of transportation; or
(b)
clothing or any other thing worn; or
(c)
any other thing.
optical surveillance device means any device capable of being used, whether alone or in conjunction with any other device, to record visually or observe an activity, but does not include spectacles, contact lenses or a similar device used by a person with impaired sight to overcome that impairment.
prejudicial activities of a person means activities prejudicial to security that the person is engaged in, or is reasonably suspected by the Director‑General of being engaged in, or of being likely to engage in.
surveillance device means:
(a)
a listening device, an optical surveillance device or a tracking device; or
(b)
a device that is a combination of any 2 or more of the devices referred to in paragraph (a) or (c); or
(c)
a device of a kind prescribed by regulation for the purposes of this paragraph.
surveillance device warrant means a warrant issued under section 26.
track an object or person means be aware of the movement of the object or person from place to place.
tracking device means a device or substance that, when installed in or on an object, enables a person to track the object or a person using or wearing the object.
use of a surveillance device includes use of the device:
(a)
to listen to, record, observe or monitor the words, sounds or signals communicated to or by a person, or the activities of a person; or
(b)
to track an object or person.

Section 24

Repeal the section, substitute:

24Exercise of authority under warrant etc.

Who may exercise authority under warrant etc.
(1)
The authority conferred by a relevant warrant or relevant device recovery provision may be exercised on behalf of the Organisation only by:
(a)
the Director‑General; or
(b)
a person approved under subsection (2); or
(c)
a person included in a class of persons approved under subsection (2).
Approval of persons authorised to exercise authority under warrant etc.
(2)
The Director‑General or a person appointed under subsection (3) may, in writing, approve a person, or a class of persons, as people authorised to exercise, on behalf of the Organisation, the authority conferred by relevant warrants or relevant device recovery provisions.
(3)
The Director‑General may, in writing, appoint a senior position‑holder, or a class of senior position‑holders, for the purposes of subsection (2).
Definitions
(4)
In this section:
relevant device recovery provision means subsection 26B(5) or (6), 27A(3A) or (3B) or 27F(5).
relevant warrant means a warrant issued under this Division or under Division 3.

Before section 25

Insert:

Subdivision B—Search warrants

After paragraph 25(4)(a)

Insert:
(aa)
entering any premises for the purposes of gaining entry to or exiting the subject premises;

Paragraph 25(5)(a)

After “adding,”, insert “copying,”.

Subsection 25(6)

Repeal the subsection, substitute:
Certain acts not authorised
(6)
Subsection (5) does not authorise the addition, deletion or alteration of data, or the doing of any thing, that is likely to:
(a)
materially interfere with, interrupt or obstruct the lawful use by other persons of a computer or other electronic equipment, or a data storage device, found on the subject premises unless the addition, deletion or alteration, or the doing of the thing, is necessary to do one or more of the things specified under subsection (5); or
(b)
cause any other material loss or damage to other persons lawfully using the computer, equipment or device.

Subsection 25(7) (heading)

Repeal the heading, substitute:
Warrant must provide for certain matters

Paragraph 25(7)(a)

After “any force”, insert “against persons and things”.

Before section 25A

Insert:

Subdivision C—Computer access warrants

Subsection 25A(2)

Omit “particular”.

At the end of subsection 25A(2)

Add:
Note: See section 22 for the definition of computer.

Subsection 25A(3)

Repeal the subsection, substitute:
(3)
The target computer may be any one or more of the following:
(a)
a particular computer;
(b)
a computer on particular premises;
(c)
a computer associated with, used by or likely to be used by, a person (whose identity may or may not be known).
Authorisation in warrant
(3A)
The warrant must:
(a)
be signed by the Minister; and
(b)
authorise the Organisation to do specified things, subject to any restrictions or conditions specified in the warrant, in relation to the target computer; and
(c)
if the target computer is or includes a particular computer—specify the computer; and
(d)
if the target computer is or includes a computer on particular premises—specify the premises; and
(e)
if the target computer is or includes a computer associated with, used by or likely to be used by, a person—specify the person (whether by name or otherwise).

After paragraph 25A(4)(aa)

Insert:
(aaa)
entering any premises for the purposes of gaining entry to or exiting the specified premises;

Subparagraph 25A(4)(a)(i)

Omit “a computer”, substitute “the target computer”.

Paragraph 25A(4)(a)

After “access to data”, insert “(the relevant data)”.

Paragraph 25A(4)(a)

After “adding,”, insert “copying,”.

After paragraph 25A(4)(a)

Insert:
(ab)
if, having regard to other methods (if any) of obtaining access to the relevant data which are likely to be as effective, it is reasonable in all the circumstances to do so—using any other computer or a communication in transit to access the relevant data and, if necessary to achieve that purpose, adding, copying, deleting or altering other data in the computer or the communication in transit;

Subsection 25A(4) (note)

Omit “the target computer etc.”, substitute “a computer etc.”.

Subsection 25A(5)

Repeal the subsection, substitute:
Certain acts not authorised
(5)
Subsection (4) does not authorise the addition, deletion or alteration of data, or the doing of any thing, that is likely to:
(a)
materially interfere with, interrupt or obstruct a communication in transit or the lawful use by other persons of a computer unless the addition, deletion or alteration, or the doing of the thing, is necessary to do one or more of the things specified in the warrant; or
(b)
cause any other material loss or damage to other persons lawfully using a computer.

Subsection 25A(5A) (heading)

Repeal the heading, substitute:
Warrant must provide for certain matters

Paragraph 25A(5A)(a)

After “any force”, insert “against persons and things”.

Paragraph 25A(5A)(b)

Before “state whether”, insert “if the warrant authorises entering premises—”.

Sections 26 to 26C

Repeal the sections, substitute:

Subdivision D—Use of surveillance devices

26Issue of surveillance device warrants

Issue of surveillance device warrant
(1)
If the Director‑General requests the Minister to do so, and the Minister is satisfied as mentioned in subsection (3), the Minister may issue a warrant in accordance with this section.
(2)
The warrant may be issued:
(a)
in relation to one or more of the following:
(i)
a particular person;
(ii)
particular premises;
(iii)
an object or class of object; and
(b)
in respect of more than one kind of surveillance device; and
(c)
in respect of more than one surveillance device of any particular kind.
Test for issue of warrant
(3)
The Minister is only to issue the warrant if he or she is satisfied that:
(a)
if the warrant is requested in relation to a particular person:
(i)
the person is engaged in or is reasonably suspected by the Director‑General of being engaged in, or of being likely to engage in, activities prejudicial to security; and
(ii)
the use by the Organisation of a surveillance device in relation to that person will, or is likely to, assist the Organisation in carrying out its function of obtaining intelligence relevant to security; and
(b)
if the warrant is requested in relation to particular premises:
(i)
those premises are used, likely to be used or frequented by a person engaged in or reasonably suspected by the Director‑General of being engaged in, or of being likely to engage in, activities prejudicial to security; and
(ii)
the use on behalf of the Organisation of a surveillance device in or on those premises will, or is likely to, assist the Organisation in carrying out its function of obtaining intelligence relevant to security; and
(c)
if the warrant is requested in relation to an object or class of object:
(i)
that object, or an object of that class, is used or worn, or likely to be used or worn by a person engaged in or reasonably suspected by the Director‑General of being engaged in, or of being likely to engage in, activities prejudicial to security; and
(ii)
the use by the Organisation of a surveillance device in or on that object, or an object of that class, will, or is likely to, assist the Organisation in carrying out its function of obtaining intelligence relevant to security.
(4)
To avoid doubt, the identity of the person referred to in paragraph (3)(a) or subparagraph (3)(b)(i) or (c)(i) need not be known.

Warrant may be subject to restrictions or conditions
(5)
The warrant is subject to any restrictions or conditions specified in it.

26ARequirements for surveillance device warrants

(1)
A surveillance device warrant must:
(a)
be signed by the Minister; and
(b)
specify:
(i)
the kind of surveillance device, or kinds of surveillance devices, authorised to be used; and
(ii)
the date the warrant is issued; and
(iii)
if the warrant is issued in relation to a particular person—the name of the person (if known) or the fact that the person’s identity is unknown; and
(iv)
if the warrant is issued in relation to particular premises—the premises; and
(v)
if the warrant is issued in relation to an object or class of object—the object or class of object; and
(c)
authorise the use of any force against persons and things that is necessary and reasonable to do the things authorised by the warrant; and
(d)
state whether entry is authorised to be made at any time of the day or night or during stated hours of the day or night.
(2)
If a surveillance device warrant is issued in relation to particular premises that are vehicles, the warrant need only specify the class of vehicle in relation to which the use of the surveillance device is authorised.
(3)
The surveillance device warrant must specify the period during which it is to remain in force. The period must not be more than 6 months, although the Minister may revoke the warrant before the period has expired.
(4)
Subsection (3) does not prevent the issue of any further warrant.

26BWhat a surveillance device warrant authorises

Authorisation in warrant—particular person
(1)
If a surveillance device warrant is issued in relation to a particular person, the warrant authorises the following:
(a)
the installation, use and maintenance of a surveillance device of the kind specified in the warrant to:
(i)
listen to, record, observe or monitor the words, sounds or signals communicated to or by the person, or the activities of the person; or
(ii)
track the person;
(b)
the installation, use and maintenance of a surveillance device of the kind specified in the warrant:
(i)
in or on premises where the person is reasonably believed to be or likely to be; or
(ii)
in or on any other premises specified in the warrant from which the activities of that person, or the words, sounds or signals communicated by or to that person, can be listened to, recorded, observed or monitored;
(c)
entering the premises referred to in paragraph (b) for any of the purposes referred to in paragraph (a) or (b) or in subsection (4) or (5);
(d)
the installation, use and maintenance of a surveillance device of the kind specified in the warrant in or on any object used or worn, or likely to be used or worn, by the person;
(e)
the entry into or onto, or the alteration of, the object referred to in paragraph (d);
(f)
entering any premises in which the object referred to in paragraph (d) is or is likely to be found, for any of the purposes referred to in that paragraph or in subsection (4) or (5);
(g)
entering any other premises, for the purposes of gaining entry to or exiting premises referred in to paragraph (b) or (f);
(h)
any other thing reasonably incidental to any of the above.
Authorisation in warrant—particular premises
(2)
If a surveillance device warrant is issued in relation to particular premises (the subject premises), the warrant authorises the following:
(a)
the installation, use and maintenance of a surveillance device of the kind specified in the warrant:
(i)
in or on the subject premises; or
(ii)
in or on any other premises specified in the warrant from which the activities of a person, or the words, sounds or signals communicated by or to a person, can be listened to, recorded, observed or monitored while the person is in or on the subject premises;
(b)
entering the subject premises, or any other premises specified in the warrant, for any of the purposes referred to in paragraph (a) or subsection (4) or (5);
(c)
entering any other premises, for the purposes of gaining entry to or exiting the subject premises or any other premises specified in the warrant;
(d)
any other thing reasonably incidental to any of the above.
Authorisation in warrant—object or class of object
(3)
If a surveillance device warrant is issued in relation to an object, or class of object, the warrant authorises the following:
(a)
the installation, use and maintenance of a surveillance device of the kind specified in the warrant in or on the specified object, or an object of the specified class;
(b)
the entry into or onto, or alteration of, the specified object, or an object of the specified class;
(c)
entering any premises where the object, or an object of the class, is reasonably believed to be or is likely to be for any of the purposes referred to in paragraph (a) or (b) or subsection (4) or (5);
(d)
entering any other premises, for the purposes of gaining entry to or exiting premises referred to in paragraph (c);
(e)
any other thing reasonably incidental to any of the above.
Authorisation in warrant—general
(4)
A surveillance device warrant also authorises the following:
(a)
the installation, use and maintenance of enhancement equipment in relation to the surveillance device;
(b)
the temporary removal of an object from premises for the installation or maintenance of the surveillance device or enhancement equipment and the return of the object to the premises;
(c)
the replacement of an object with an equivalent object for the purposes of the installation or maintenance of the surveillance device or enhancement equipment;
(d)
the breaking open of any thing for the installation or maintenance of the surveillance device or enhancement equipment;
(e)
the connection of the surveillance device or enhancement equipment to any source of electricity and the use of electricity from that source to operate the device or equipment;
(f)
the connection of the surveillance device or enhancement equipment to any object or system that may be used to transmit information in any form and the use of that object or system in connection with the operation of the device or equipment;
(g)
the doing of any thing reasonably necessary to conceal the fact that any thing has been done under the warrant;
(h)
any other thing reasonably incidental to any of the above.
Recovery of surveillance devices
(5)
If a surveillance device is installed or used under a surveillance device warrant, the Organisation is authorised to do any of the following:
(a)
recover the surveillance device or any enhancement equipment in relation to the device;
(b)
enter any premises where the surveillance device is reasonably believed to be, for the purpose of recovering the device or the equipment;
(c)
enter any other premises for the purposes of gaining entry to or exiting the premises referred to in paragraph (b);
(d)
enter into or onto, or alter, an object for the purpose of recovering the device or the equipment;
(e)
replace an object with an equivalent object for the purposes of recovering the device or the equipment;
(f)
break open any thing for the purpose of recovering the device or the equipment;
(g)
if the device or equipment is installed in or on an object—temporarily remove the object from any place where it is situated for the purpose of recovering the device or the equipment and returning the object to that place;
(h)
use a nominal amount of electricity from any source to power the device or equipment;
(i)
any thing reasonably necessary to conceal the fact that any thing has been done under this subsection;
(j)
use any force against persons and things that is necessary and reasonable to do any of the above;
(k)
any other thing reasonably incidental to any of the above;
at the following time:
(l)
at any time while the warrant is in force or within 28 days after it ceases to be in force;
(m)
if the surveillance device is not recovered at a time mentioned in paragraph (l)—at the earliest time, after the 28 days mentioned in that paragraph, at which it is reasonably practicable to do the things concerned.
(6)
If, for the purposes of subsection (5):
(a)
the surveillance device is not recovered while the warrant is in force; and
(b)
the surveillance device is a tracking device;
the Organisation is also authorised to use the surveillance device or any enhancement equipment in relation to the device solely for the purposes of the location and recovery of the device or equipment.

26CUse etc. of listening device without warrant

Either of the following (the first person):
(a)
an ASIO employee acting in the course of the ASIO employee’s duties;
(b)
an ASIO affiliate acting in accordance with the contract, agreement or other arrangement under which the ASIO affiliate is performing functions or services for the Organisation;
may install, use or maintain a listening device without warrant for any purpose involving listening to or recording words, sounds or signals being communicated by or to another person (the second person) if:
(c)
the first person is the communicator of the words, sounds or signals; or
(d)
the second person intends, or should reasonably expect, those words, sounds or signals to be communicated to the first person, or to a class or group of persons in which the first person is included; or
(e)
the first person does so with the implied or express consent of a person who is permitted under paragraph (c) or (d) to listen to or record the words, sounds or signals.
Note: This section does not apply to an ASIO affiliate specified in a determination under subsection 26F(1).

26DUse etc. of optical surveillance device without warrant

Either of the following:
(a)
an ASIO employee acting in the course of the ASIO employee’s duties;
(b)
an ASIO affiliate acting in accordance with the contract, agreement or other arrangement under which the ASIO affiliate is performing functions or services for the Organisation;
may install, use or maintain an optical surveillance device without warrant if the installation, use or maintenance of the device does not involve:
(c)
entering premises without permission from the owner or occupier of the premises; or
(d)
interference with any vehicle or thing without permission of the person having lawful possession or control of the vehicle or thing.
Note: This section does not apply to an ASIO affiliate specified in a determination under subsection 26F(1).

26EUse etc. of tracking device without warrant

(1)
Either of the following:
(a)
an ASIO employee acting in the course of the ASIO employee’s duties;
(b)
an ASIO affiliate acting in accordance with the contract, agreement or other arrangement under which the ASIO affiliate is performing functions or services for the Organisation;
may install, use or maintain a tracking device without warrant for the purposes of tracking a person if the person consents to the installation, use or maintenance.
Note: This subsection does not apply to an ASIO affiliate specified in a determination under subsection 26F(1).
(2)
Either of the following:
(a)
an ASIO employee acting in the course of the ASIO employee’s duties;
(b)
an ASIO affiliate, acting in accordance with the contract, agreement or other arrangement under which the ASIO affiliate is performing functions or services for the Organisation;
may install, use or maintain a tracking device without warrant for the purposes of tracking an object if the person using the object consents to the installation, use or maintenance.
Note: This subsection does not apply to an ASIO affiliate specified in a determination under subsection 26F(1).

26FDirector‑General may determine that certain provisions do not apply to specified ASIO affiliates

(1)
The Director‑General may, by signed writing, determine that section 26C or 26D or subsection 26E(1) or (2) does not apply to:
(a)
a specified ASIO affiliate; or
(b)
a specified class of ASIO affiliates.
(2)
A determination under subsection (1) has effect accordingly.
(3)
A determination under subsection (1) is not a legislative instrument.
(4)
The Director‑General may, by signed writing, delegate the Director‑General’s power under this section to:
(a)
a Deputy Director‑General; or
(b)
any other ASIO employee or ASIO affiliate who holds, or is acting in, a position in the Organisation that is equivalent to or higher than a position occupied by an SES employee with a classification of SES Band 2.
(5)
In exercising powers under a delegation, the delegate must comply with any written direction given by the Director‑General to the delegate.

Before section 27

Insert:

Subdivision E—Inspection of postal and other articles

Subsection 27(1)

Omit “this section or section 27A”, substitute “this Division”.

Before section 27A

Insert:

Subdivision F—Foreign intelligence

Paragraph 27A(1)(a)

Omit “computer or a thing”, substitute “computer or an object”.

Paragraph 27A(1)(a)

Omit “26(3) or (4), 26B(3), 26C(3)”, substitute “26B(1), (2), (3) or (4)”.

Subsection 27A(1)

Omit “those things”, substitute “those objects”.

Paragraph 27A(2)(a)

After “any force”, insert “against persons and things”.

Paragraph 27A(2)(b)

Before “state whether”, insert “if the warrant authorises entering premises—”.

Paragraph 27A(3)(b)

Omit “26(3) or (4), 26B(3), 26C(3)”, substitute “26B(1), (2), (3) or (4)”.

Subsections 27A(3A) and (3B)

Repeal the subsections, substitute:
(3A)
If a surveillance device is installed or used in accordance with a warrant under this section authorising the doing of acts referred to in subsection 26B(1) (2), (3) or (4), the Organisation is authorised to do any of the following:
(a)
recover the surveillance device or any enhancement equipment in relation to the device;
(b)
enter any premises where the surveillance device is reasonably believed to be, for the purpose of recovering the device or the equipment;
(c)
enter any other premises for the purposes of gaining entry to or exiting the premises referred to in paragraph (b);
(d)
enter into or onto, or alter, an object for the purpose of recovering the device or the equipment;
(e)
replace an object with an equivalent object for the purposes of recovering the device or the equipment;
(f)
break open any thing for the purpose of recovering the device or the equipment;
(g)
if the device or equipment is installed in or on an object—temporarily remove the object from any place where it is situated for the purpose of recovering the device or the equipment and returning the object to that place;
(h)
use a nominal amount of electricity from any source to power the device or equipment;
(i)
any thing reasonably necessary to conceal the fact that any thing has been done under this subsection;
(j)
use any force against persons and things that is necessary and reasonable to do any of the above;
(k)
any other thing reasonably incidental to any of the above;
at the following time:
(l)
at any time while the warrant is in force or within 28 days after it ceases to be in force;
(m)
if the surveillance device is not recovered at a time mentioned in paragraph (l)—at the earliest time, after the 28 days mentioned in that paragraph, at which it is reasonably practicable to do the things concerned.
(3B)
If, for the purposes of subsection (3A):
(a)
the surveillance device is not recovered while the warrant is in force; and
(b)
the surveillance device is a tracking device;
the Organisation is also authorised to use the surveillance device or any enhancement equipment in relation to the device solely for the purposes of the location and recovery of the device or equipment.

Subsection 27A(5)

Repeal the subsection.

After section 27B

Insert:

Subdivision G—Identified person warrants

27CIssue of identified person warrants

Issue of warrant
(1)
If the Director‑General requests the Minister to do so, and the Minister is satisfied as mentioned in subsection (2), the Minister may issue an identified person warrant in relation to a particular person.
Test for issue of warrant
(2)
The Minister is only to issue an identified person warrant in relation to the person if he or she is satisfied that:
(a)
the person is engaged in or is reasonably suspected by the Director‑General of being engaged in, or of being likely to engage in, activities prejudicial to security; and
(b)
the issuing of the warrant in relation to the person will, or is likely to, substantially assist the collection of intelligence relevant to security.
Requirements for warrant
(3)
The identified person warrant must:
(a)
be signed by the Minister; and
(b)
identify the person:
(i)
if the name of the person is known—by specifying the person’s name; or
(ii)
otherwise—by including other details sufficient to identify the person; and
(c)
give conditional approval for the Organisation to do one or more of the following:
(i)
access records or other things in or on premises;
(ii)
access data held in computers;
(iii)
use one or more kinds of surveillance devices;
(iv)
access postal articles that are in the course of the post;
(v)
access articles that are being delivered by a delivery service provider.
Note: Conditional approval does not, of itself, authorise the Organisation to do things under an identified person warrant. Things can only be done under the warrant if the Organisation is subsequently authorised to do those things: see sections 27D to 27H.
Duration of warrant
(4)
An identified person warrant must specify the period during which it is to remain in force. The period must not be more than 6 months, although the Minister may revoke the warrant before the period has expired.
Issue of further warrants not prevented
(5)
Subsection (4) does not prevent the issue of any further warrant.
Warrant may be subject to restrictions or conditions
(6)
An identified person warrant is subject to any restrictions or conditions specified in it.

27DAuthority under identified person warrant—search of premises and persons

(1)
This section applies if an identified person warrant in relation to a person (the identified person) gives conditional approval for the Organisation to access records or other things in or on premises.
Things that may be authorised under warrant
(2)
Subject to subsection (3), the Minister or the Director‑General may, on request, authorise the Organisation to do one or more of the following things under the identified person warrant in relation to one or more specified premises (the subject premises):
(a)
enter the subject premises;
(b)
enter any premises for the purposes of gaining entry to or exiting the subject premises;
(c)
search the subject premises for the purpose of finding records or other things relevant to the prejudicial activities of the identified person;
(d)
open any safe, box, drawer, parcel, envelope or other container in or on the premises in which there is reasonable cause to believe that records or other things relevant to the prejudicial activities of the identified person may be found;
(e)
conduct an ordinary search or a frisk search of the identified person or any other person if:
(i)
the person is at or near the subject premises when the authority given by this subsection is exercised; and
(ii)
there is reasonable cause to believe that the person has, on his or her person, records or other things that are relevant to the prejudicial activities of the identified person;
(f)
inspect or otherwise examine any records or other things so found, and make copies or transcripts of any such record or other thing that appears to be relevant to the collection of intelligence by the Organisation in accordance with this Act;
(g)
remove and retain any record or other thing so found, for the purposes of:
(i)
inspecting or examining it; and
(ii)
making copies or transcripts of it;
(h)
if there is reasonable cause to believe that data relevant to the prejudicial activities of the identified person may be accessible by using a computer or other electronic equipment, or a data storage device, brought to or found on the subject premises—use the computer, equipment or device for the purpose of obtaining access to any such data and, if necessary to achieve that purpose, add, copy, delete or alter other data in the computer, equipment or device;
(i)
if paragraph (h) applies—use the computer, equipment or device to do any of the following:
(i)
inspect and examine any data to which access has been obtained;

(ii)
convert any data to which access has been obtained, that appears to be relevant to the collection of intelligence by the Organisation in accordance with this Act, into documentary form and removing any such document;
(iii)
copy any data to which access has been obtained, that appears to be relevant to the collection of intelligence by the Organisation in accordance with this Act, to any data storage device and remove the device;
(j)
any thing reasonably necessary to conceal the fact that any thing has been done under the warrant;
(k)
any other thing reasonably incidental to any of the above.
Test for authorisation
(3)
The Minister or the Director‑General is only to give an authorisation under subsection (2) if the Minister or the Director‑General is satisfied, on reasonable grounds, that doing that thing or those things under the warrant in relation to the subject premises will substantially assist the collection of intelligence relevant to the prejudicial activities of the identified person.
Additional rules applying to authorisations
(4)
An ordinary search or frisk search of a person that is authorised under paragraph (2)(e) must, if practicable, be conducted by a person of the same sex as the person being searched.
(5)
A record or other thing retained as mentioned in paragraph (2)(g) may be retained:
(a)
if returning the record or thing would be prejudicial to security—only until returning the record or thing would no longer be prejudicial to security; and
(b)
otherwise—for only such time as is reasonable.
Certain acts not authorised
(6)
Paragraph (2)(e) does not authorise a strip search or a search of a person’s body cavities.
(7)
Paragraphs (2)(h) to (k) do not authorise the addition, deletion or alteration of data, or the doing of any thing, that is likely to:
(a)
materially interfere with, interrupt or obstruct the lawful use by other persons of a computer or other electronic equipment, or a data storage device, found on the subject premises unless the addition, deletion or alteration, or the doing of the thing, is necessary to do the things authorised under one or more of those paragraphs; or
(b)
cause any other material loss or damage to other persons lawfully using the computer, equipment or device.

27EAuthority under identified person warrant—computer access

(1)
This section applies if an identified person warrant in relation to a person (the identified person) gives conditional approval for the Organisation to access data held in computers.
Things that may be authorised under warrant
(2)
Subject to subsection (4), the Minister or the Director‑General may, on request, authorise the Organisation to do one or more of the following things under the identified person warrant in relation to a computer (the target computer):
(a)
enter specified premises for the purposes of doing the things authorised under this subsection;
(b)
enter any premises for the purposes of gaining entry to or exiting the specified premises;
(c)
use:
(i)
the target computer; or
(ii)
a telecommunications facility operated or provided by the Commonwealth or a carrier; or
(iii)
any other electronic equipment; or
(iv)
a data storage device;
for the purpose of obtaining access to data (the relevant data) that is relevant to the prejudicial activities of the identified person and is held in the target computer at any time while the authorisation is in force and, if necessary to achieve that purpose, add, copy, delete or alter other data in the target computer;
(d)
if, having regard to other methods (if any) of obtaining access to the relevant data which are likely to be as effective, it is reasonable in all the circumstances to do so—use any other computer or a communication in transit for the purpose referred to in paragraph (c) and, if necessary to achieve that purpose, add, copy, delete or alter other data in the computer or the communication in transit;
(e)
copy any data to which access has been obtained, that appears to be relevant to the collection of intelligence by the Organisation in accordance with this Act;
(f)
any thing reasonably necessary to conceal the fact that any thing has been done under the warrant;
(g)
any other thing reasonably incidental to any of the above.
Target computer
(3)
For the purposes of subsection (2), the target computer may be any one or more of the following:
(a)
a particular computer;
(b)
a computer on particular premises;
(c)
a computer associated with, used by or likely to be used by a person (whose identity may or may not be known).
Test for authorisation
(4)
The Minister or the Director‑General is only to give an authorisation under subsection (2) if the Minister or the Director‑General is satisfied, on reasonable grounds, that doing that thing or those things under the warrant in relation to the target computer will substantially assist the collection of intelligence relevant to the prejudicial activities of the identified person.
Certain acts not authorised
(5)
Subsection (2) does not authorise the addition, deletion or alteration of data, or the doing of any thing, that is likely to:
(a)
materially interfere with, interrupt or obstruct a communication in transit or the lawful use by other persons of a computer unless the addition, deletion or alteration, or the doing of the thing, is necessary to do one or more of the things authorised under subsection (2); or
(b)
cause any other material loss or damage to other persons lawfully using a computer.

27FAuthority under identified person warrant—surveillance devices

(1)
This section applies if an identified person warrant in relation to a person (the identified person) gives conditional approval for the Organisation to use one or more kinds of surveillance devices.
Things that may be authorised under warrant
(2)
Subject to subsection (3), the Minister or the Director‑General may, on request, authorise the Organisation to do one or more of the following things under the identified person warrant:
(a)
install, use and maintain surveillance devices of the kind specified in the conditional approval to:
(i)
listen to, record, observe or monitor the words, sounds or signals communicated to or by the identified person, or the activities of the identified person; or
(ii)
track the identified person;
(b)
install, use and maintain surveillance devices of the kind specified in the conditional approval:
(i)
in or on premises where the identified person is reasonably believed to be or likely to be; or
(ii)
in or on any other specified premises from which the activities of the identified person, or the words, sounds or signals communicated by or to the identified person, can be listened to, recorded, observed or monitored;
(c)
enter the premises referred to in paragraph (b) for any of the purposes referred to in paragraph (a) or (b) or in subsection 26B(4), (5) or (6) (as those subsections apply because of this section);
(d)
install, use and maintain surveillance devices of the kind specified in the conditional approval in or on any object used or worn, or likely to be used or worn, by the identified person;
(e)
enter into or onto, or alter, an object referred to in paragraph (d);
(f)
enter any premises in which an object referred to in paragraph (d) is or is likely to be found, for any of the purposes referred to in that paragraph or in subsection 26B(4), (5) or (6) (as those subsections apply because of this section);
(g)
enter any other premises, for the purposes of gaining entry to or exiting premises referred to in paragraph (b) or (f);
(h)
any other thing reasonably incidental to any of the above.
Test for authorisation
(3)
The Minister or the Director‑General is only to give an authorisation under subsection (2) if the Minister or the Director‑General is satisfied, on reasonable grounds, that doing that thing or those things under the warrant will substantially assist the collection of intelligence relevant to the prejudicial activities of the identified person.
(4)
If an authorisation is given under subsection (2) in relation to a surveillance device, the identified person warrant under which the authorisation is given also authorises the Organisation to do the things mentioned in subsection 26B(4) in relation to the device.
(5)
If the Organisation installs or uses a surveillance device under the identified person warrant, the Organisation is authorised to do the things mentioned in subsections 26B(5) and (6) in relation to the device.
(6)
For the purposes of subsections (4) and (5) of this section, section 26B applies as if references in that section to a surveillance device warrant were references to an identified person warrant.

27GAuthority under identified person warrant—inspection of postal articles

(1)
This section applies if an identified person warrant in relation to a person (the identified person) gives conditional approval for the Organisation to access postal articles while the articles are in the course of the post.
Things that may be authorised under warrant
(2)
Subject to subsection (4), the Minister or the Director‑General may, on request, authorise the Organisation to do one or more of the things mentioned in subsection (3) under the identified person warrant in relation to any of the following:
(a)
articles posted by or on behalf of the identified person;
(b)
articles addressed to the identified person;
(c)
articles reasonably suspected by a person authorised to exercise the authority of the Organisation under the warrant to be intended to be received by the identified person.
(3)
The things are as follows:
(a)
inspect and make copies of the articles, or the covers of the articles;
(b)
open the articles;
(c)
inspect and make copies of the contents of the articles;
(d)
any other thing reasonably incidental to any of the above.
Test for authorisation
(4)
The Minister or the Director‑General is only to give an authorisation under subsection (2) if the Minister or the Director‑General is satisfied, on reasonable grounds, that doing that thing or those things under the warrant will substantially assist the collection of intelligence relevant to the prejudicial activities of the identified person.
Rules relating to the Australian Postal Corporation
(5)
If an authorisation is given under this section, the Director‑General must, as soon as practicable:
(a)
inform the Australian Postal Corporation of that fact; and
(b)
give a certified copy of the authorisation to the Australian Postal Corporation.
(6)
If either of the following is revoked:
(a)
an authorisation under this section;
(b)
the identified person warrant under which the authorisation is given;
the Director‑General must:
(c)
inform the Australian Postal Corporation of that fact; and
(d)
give a certified copy of the instrument of revocation to the Australian Postal Corporation.
(7)
The Australian Postal Corporation must provide all reasonable assistance to a person acting in accordance with an authorisation under this section.
Relationship with other laws
(8)
Nothing in Part VIIA of the Crimes Act 1914 or the Australian Postal Corporation Act 1989 prohibits the doing of anything under or for the purposes of an authorisation under this section.

27HAuthority under identified person warrant—inspection of delivery articles

(1)
This section applies if an identified person warrant in relation to a person (the identified person) gives conditional approval for the Organisation to access articles while the articles are being delivered by a delivery service provider.
Things that may be authorised under warrant
(2)
Subject to subsection (4), the Minister or the Director‑General may, on request, authorise the Organisation to do one or more of the things mentioned in subsection (3) in relation to any of the following:
(a)
articles posted by or on behalf of the identified person;
(b)
articles addressed to the identified person;
(c)
articles reasonably suspected by a person authorised to exercise the authority of the Organisation under the warrant to be intended to be received by the identified person.
(3)
The things are as follows:
(a)
inspect and make copies of the articles, or the covers of the articles;
(b)
open the articles;
(c)
inspect and make copies of the contents of the articles;
(d)
any other thing reasonably incidental to any of the above.
Test for authorisation
(4)
The Minister or the Director‑General is only to give an authorisation under subsection (2) if the Minister or the Director‑General is satisfied, on reasonable grounds, that doing that thing or those things under the warrant will substantially assist the collection of intelligence relevant to the prejudicial activities of the identified person.
Definitions
(5)
In this section:
article has the same meaning as in section 27AA.
delivery service provider has the same meaning as in section 27AA.

27JAuthority under identified person warrants—general rules

Requests for authorisations
(1)
A request for an authorisation under this Subdivision may be made:
(a)
if the request is to the Minister—by the Director‑General; or
(b)
if the request is to the Director‑General—by an ASIO employee or an ASIO affiliate.
(2)
The request must specify the facts and other grounds on which the person making the request considers it necessary that the authorisation should be given.
Requirements for authorisations
(3)
An authorisation under this Subdivision:
(a)
must be in writing; and
(b)
must identify the identified person warrant under which the authorisation is given; and
(c)
must specify:
(i)
for an authorisation under section 27D (search of premises or persons)—the subject premises; and
(ii)
for an authorisation under section 27E (computer access)—the target computer; and
(iii)
the thing or things that are authorised to be done; and
(iv)
the restrictions or conditions (if any) to which the authorisation is subject; and
(v)
the period during which the authorisation is in force; and
(d)
must authorise the use of any force against persons and things that is necessary and reasonable to do the things covered by the authorisation; and
(e)
if the authorisation authorises entering premises—must state whether entry is authorised to be made at any time of the day or night or during stated hours of the day or night.
(4)
A restriction or condition specified in an authorisation must not be inconsistent with any restrictions or conditions specified in the identified person warrant under which the authorisation is given.
(5)
For the purposes of subparagraph (3)(c)(v), the period:
(a)
in the case of an authorisation under section 27D (search of premises and persons)—must not be more than 90 days; and
(b)
in any case—must not end after the end of the period for which the identified person warrant under which the authorisation is given is in force.
When authorisations cease to be in force
(6)
An authorisation under this Subdivision ceases to be in force at the earliest of the following times:
(a)
the time the identified person warrant under which the authorisation is given ceases to be in force;
(b)
the time it is revoked by the Minister or the Director‑General;
(c)
the time specified in the authorisation.
Other matters
(7)
To avoid doubt, for the purposes of this Act, the authority conferred by an identified person warrant includes the authority conferred by an authorisation under this Subdivision under the warrant.
(8)
To avoid doubt, nothing in this Subdivision prevents 2 or more authorisations under this Subdivision from being given under the same identified persons warrant at any time while the warrant is in force.
(9)
An authorisation under this Subdivision is not a legislative instrument.

Before section 28

Insert:

Subdivision H—General provisions relating to warrants

Paragraph 29(1)(a)

Omit “26B, 26C,”.

After section 29

Insert:

29AVariation of warrants issued under this Division

(1)
The Minister may, on request by the Director‑General, vary a warrant issued under this Division (other than under section 29).
(2)
The variation must be in writing.
(3)
If the variation extends, or further extends, the period during which the warrant is in force, the total period during which the warrant is in force must not exceed:
(a)
for a warrant issued under section 25—90 days; or
(b)
for a warrant issued under section 25A, 26, 27, 27AA or 27C—6 months.
(4)
The request by the Director‑General must specify:
(a)
the facts and other grounds on which the Director‑General considers it necessary that the warrant should be varied; and
(b)
where appropriate—the grounds on which the Director‑General suspects a person of being engaged in or reasonably suspected by the Director‑General of being engaged in, or of being likely to engage in, activities prejudicial to security.
(5)
A warrant may be varied more than once under this section.

Section 30

Repeal the section, substitute:

30Discontinuance of action before expiration of warrant

(1)
Subject to subsection (3), if the Director‑General is satisfied that the grounds on which a warrant under this Division was issued have ceased to exist, the Director‑General must, as soon as practicable:
(a)
inform the Minister of that fact; and
(b)
take such steps as are necessary to ensure that action under the warrant is discontinued.
(2)
For the purposes of paragraph (1)(b), action under a warrant:
(a)
includes action under an authorisation given under an identified person warrant; but
(b)
does not include the recovery of a surveillance device or any enhancement equipment in relation to the device.
(3)
If:
(a)
a surveillance device warrant was issued in relation to more than one of the matters mentioned in paragraph 26(2)(a); and
(b)
the grounds on which the warrant was issued continue to exist for at least one of those matters;
subsection (1) applies only in relation to the matters for which the grounds have ceased to exist.

45A

After section 31

Insert:

31ANotification requirements in relation to the use of force under warrant

(1)
This section applies if a warrant issued under this Division authorises the use of force against persons to do the things authorised by the warrant.
(2)
The Director‑General must cause the Minister and the Inspector‑General of Intelligence and Security to be notified if such force is used against a person in the execution of the warrant.
(3)
The notification must be given:
(a)
in writing; and
(b)
as soon as practicable after such force is used.

After section 32

Insert:

33Relationship with other laws

Computer access—relationship with the Telecommunications (Interception and Access) Act 1979
(1)
Nothing in section 25A, 27A or 27E, or in a warrant or authorisation under those sections, authorises, for the purposes of the Telecommunications (Interception and Access) Act 1979, the interception of a communication passing over a telecommunications system operated by a carrier or a carriage service provider.
Listening devices—relationship with the Telecommunications (Interception and Access) Act 1979
(2)
Nothing in section 26B, 27A or 27F, or in a warrant or authorisation under those sections, applies to or in relation to the use of a listening device for a purpose that would, for the purposes of the Telecommunications (Interception and Access) Act 1979, constitute the interception of a communication passing over a telecommunications system operated by a carrier or a carriage service provider.
Surveillance devices—interaction with other laws
(3)
Despite any other law of the Commonwealth, a State or a Territory (including the common law), a person acting on behalf of the Organisation does not act unlawfully by installing, using or maintaining a surveillance device if the person does so:
(a)
in accordance with a warrant issued under section 26, 27A or 27C; or
(b)
in accordance with subsection 26B(5) or (6), section 26C, 26D, or 26E, or subsection 27A(3A) or (3B) or 27F(5).

46A

Section 34

Before “The”, insert “(1)”.

46B

At the end of section 34

Add:
(2)
If:
(a)
the warrant was issued under section 25, 25A, 27A, 27C or 29; and
(b)
a thing mentioned in subsection 25(5) or 25A(4), paragraph 27D(2)(h) to (k) or subsection 27E(2) was done under the warrant;
the report must also include details of anything done that materially interfered with, interrupted or obstructed the lawful use by other persons of a computer or other electronic equipment, or a data storage device.

Note: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code.
Exception—Inspector‑General of Intelligence and Security
(2A)
Subsection (1) does not apply if the person deals with the record for the purpose of the Inspector‑General of Intelligence and Security exercising a power, or performing a function or duty, under the Inspector‑General of Intelligence and Security Act 1986.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2A): see subsection 13.3(3) of the Criminal Code.
Alternative verdict
(3)
Subsection (4) applies if, in a prosecution for an offence (the prosecuted offence) against subsection (1), the trier of fact:
(a)
is not satisfied that the defendant is guilty of the prosecuted offence; but
(b)
is satisfied beyond reasonable doubt that the defendant is guilty of an offence against subsection 40F(1) (the alternative offence).
(4)
The trier of fact may find the defendant not guilty of the prosecuted offence but guilty of the alternative offence, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.

40FUnauthorised recording of information or matter—AGO

(1)
A person commits an offence if:
(a)
the person makes a record of any information or matter; and
(b)
the information or matter has come to the knowledge or into the possession of the person by reason of:
(i)
his or her being, or having been, a staff member of AGO; or
(ii)
his or her having entered into any contract, agreement or arrangement with AGO; or
(iii)
his or her having been an employee or agent of a person who has entered into a contract, agreement or arrangement with AGO; and
(c)
the information or matter:
(i)
was acquired or prepared by or on behalf of AGO in connection with its functions; or
(ii)
relates to the performance by AGO of its functions; and
(d)
the record was not made:
(i)
in the course of the person’s duties as a staff member; or
(ii)
in accordance with a contract, agreement or arrangement with AGO; or
(iii)
by the person acting within the limits of authority conferred on the person by the Director of AGO; or
(iv)
with the approval of the Director of AGO or of a staff member having the authority of the Director of AGO to give such an approval.
Penalty: Imprisonment for 3 years.
Exception—information or matter lawfully available
(2)
Subsection (1) does not apply to information or matter that has already been communicated or made available to the public with the authority of the Commonwealth.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code.
Exception—communication to the Inspector‑General of Intelligence and Security
(2A)
Subsection (1) does not apply if the person makes the record for the purpose of the Inspector‑General of Intelligence and Security exercising a power, or performing a function or duty, under the Inspector‑General of Intelligence and Security Act 1986.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2A): see subsection 13.3(3) of the Criminal Code.
Alternative verdict
(3)
Subsection (4) applies if, in a prosecution for an offence (the prosecuted offence) against subsection (1), the trier of fact:
(a)
is not satisfied that the defendant is guilty of the prosecuted offence; but
(b)
is satisfied beyond reasonable doubt that the defendant is guilty of an offence against subsection 40E(1) (the alternative offence).
(4)
The trier of fact may find the defendant not guilty of the prosecuted offence but guilty of the alternative offence, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.

40GUnauthorised dealing with records—ASD

(1)
A person commits an offence if:
(a)
the person engages in any of the following conduct (the relevant conduct):
(i)
copying a record;
(ii)
transcribing a record;
(iii)
retaining a record;
(iv)
removing a record;
(v)
dealing with a record in any other manner; and
(b)
the record was obtained by the person by reason of:
(i)
his or her being, or having been, a staff member of ASD; or
(ii)
his or her having entered into any contract, agreement or arrangement with ASD; or
(iii)
his or her having been an employee or agent of a person who has entered into a contract, agreement or arrangement with ASD; and
(c)
the record:
(i)
was acquired or prepared by or on behalf of ASD in connection with its functions; or
(ii)
relates to the performance by ASD of its functions; and
(d)
the relevant conduct was not engaged in:
(i)
in the course of the person’s duties as a staff member; or
(ii)
in accordance with a contract, agreement or arrangement with ASD; or
(iii)
by the person acting within the limits of authority conferred on the person by the Director of ASD; or
(iv)
with the approval of the Director of ASD or of a staff member having the authority of the Director of ASD to give such an approval.
Penalty: Imprisonment for 3 years.
Exception—record lawfully available
(2)
Subsection (1) does not apply to a record that has already been communicated or made available to the public with the authority of the Commonwealth.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code.
Exception—Inspector‑General of Intelligence and Security
(2A)
Subsection (1) does not apply if the person deals with the record for the purpose of the Inspector‑General of Intelligence and Security exercising a power, or performing a function or duty, under the Inspector‑General of Intelligence and Security Act 1986.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2A): see subsection 13.3(3) of the Criminal Code.
Alternative verdict
(3)
Subsection (4) applies if, in a prosecution for an offence (the prosecuted offence) against subsection (1), the trier of fact:
(a)
is not satisfied that the defendant is guilty of the prosecuted offence; but
(b)
is satisfied beyond reasonable doubt that the defendant is guilty of an offence against subsection 40H(1) (the alternative offence).
(4)
The trier of fact may find the defendant not guilty of the prosecuted offence but guilty of the alternative offence, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.

40HUnauthorised recording of information or matter—ASD

(1)
A person commits an offence if:
(a)
the person makes a record of any information or matter; and
(b)
the information or matter has come to the knowledge or into the possession of the person by reason of:
(i)
his or her being, or having been, a staff member of ASD; or
(ii)
his or her having entered into any contract, agreement or arrangement with ASD; or
(iii)
his or her having been an employee or agent of a person who has entered into a contract, agreement or arrangement with ASD; and
(c)
the information or matter:
(i)
was acquired or prepared by or on behalf of ASD in connection with its functions; or
(ii)
relates to the performance by ASD of its functions; and
(d)
the record was not made:
(i)
in the course of the person’s duties as a staff member; or
(ii)
in accordance with a contract, agreement or arrangement with ASD; or
(iii)
by the person acting within the limits of authority conferred on the person by the Director of ASD; or
(iv)
with the approval of the Director of ASD or of a staff member having the authority of the Director of ASD to give such an approval.
Penalty: Imprisonment for 3 years.
Exception—information or matter lawfully available
(2)
Subsection (1) does not apply to information or matter that has already been communicated or made available to the public with the authority of the Commonwealth.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code.
Exception—communication to the Inspector‑General of Intelligence and Security
(2A)
Subsection (1) does not apply if the person makes the record for the purpose of the Inspector‑General of Intelligence and Security exercising a power, or performing a function or duty, under the Inspector‑General of Intelligence and Security Act 1986.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2A): see subsection 13.3(3) of the Criminal Code.
Alternative verdict
(3)
Subsection (4) applies if, in a prosecution for an offence (the prosecuted offence) against subsection (1), the trier of fact:
(a)
is not satisfied that the defendant is guilty of the prosecuted offence; but
(b)
is satisfied beyond reasonable doubt that the defendant is guilty of an offence against subsection 40G(1) (the alternative offence).
(4)
The trier of fact may find the defendant not guilty of the prosecuted offence but guilty of the alternative offence, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.

40JUnauthorised dealing with records—ONA

(1)
A person commits an offence if:
(a)
the person engages in any of the following conduct (the relevant conduct):
(i)
copying a record;
(ii)
transcribing a record;
(iii)
retaining a record;
(iv)
removing a record;
(v)
dealing with a record in any other manner; and
(b)
the record was obtained by the person by reason of:
(i)
his or her being, or having been, a staff member of ONA; or
(ii)
his or her having entered into any contract, agreement or arrangement with ONA; or
(iii)
his or her having been an employee or agent of a person who has entered into a contract, agreement or arrangement with ONA; and
(c)
the record:
(i)
was acquired or prepared by or on behalf of ONA in connection with its functions; or
(ii)
relates to the performance by ONA of its functions; and
(d)
the relevant conduct was not engaged in:
(i)
in the course of the person’s duties as a staff member; or
(ii)
in accordance with a contract, agreement or arrangement with ONA; or
(iii)
by the person acting within the limits of authority conferred on the person by the Director‑General of ONA; or
(iv)
with the approval of the Director‑General of ONA or of a staff member having the authority of the Director‑General of ONA to give such an approval.
Penalty: Imprisonment for 3 years.
Exception—record lawfully available
(2)
Subsection (1) does not apply to a record that has already been communicated or made available to the public with the authority of the Commonwealth.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code.
Exception—Inspector‑General of Intelligence and Security
(2A)
Subsection (1) does not apply if the person deals with the record for the purpose of the Inspector‑General of Intelligence and Security exercising a power, or performing a function or duty, under the Inspector‑General of Intelligence and Security Act 1986.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2A): see subsection 13.3(3) of the Criminal Code.
Alternative verdict
(3)
Subsection (4) applies if, in a prosecution for an offence (the prosecuted offence) against subsection (1), the trier of fact:
(a)
is not satisfied that the defendant is guilty of the prosecuted offence; but
(b)
is satisfied beyond reasonable doubt that the defendant is guilty of an offence against subsection 40K(1) (the alternative offence).
(4)
The trier of fact may find the defendant not guilty of the prosecuted offence but guilty of the alternative offence, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.

40KUnauthorised recording of information or matter—ONA

(1)
A person commits an offence if:
(a)
the person makes a record of any information or matter; and
(b)
the information or matter has come to the knowledge or into the possession of the person by reason of:
(i)
his or her being, or having been, a staff member of ONA; or
(ii)
his or her having entered into any contract, agreement or arrangement with ONA; or
(iii)
his or her having been an employee or agent of a person who has entered into a contract, agreement or arrangement with ONA; and
(c)
the information or matter:
(i)
was acquired or prepared by or on behalf of ONA in connection with its functions; or
(ii)
relates to the performance by ONA of its functions; and
(d)
the record was not made:
(i)
in the course of the person’s duties as a staff member; or
(ii)
in accordance with a contract, agreement or arrangement with ONA; or
(iii)
by the person acting within the limits of authority conferred on the person by the Director‑General of ONA; or
(iv)
with the approval of the Director‑General of ONA or of a staff member having the authority of the Director‑General of ONA to give such an approval.
Penalty: Imprisonment for 3 years.
Exception—information or matter lawfully available
(2)
Subsection (1) does not apply to information or matter that has already been communicated or made available to the public with the authority of the Commonwealth.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code.
Exception—communication to the Inspector‑General of Intelligence and Security
(2A)
Subsection (1) does not apply if the person makes the record for the purpose of the Inspector‑General of Intelligence and Security exercising a power, or performing a function or duty, under the Inspector‑General of Intelligence and Security Act 1986.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2A): see subsection 13.3(3) of the Criminal Code.
Alternative verdict
(3)
Subsection (4) applies if, in a prosecution for an offence (the prosecuted offence) against subsection (1), the trier of fact:
(a)
is not satisfied that the defendant is guilty of the prosecuted offence; but
(b)
is satisfied beyond reasonable doubt that the defendant is guilty of an offence against subsection 40J(1) (the alternative offence).
(4)
The trier of fact may find the defendant not guilty of the prosecuted offence but guilty of the alternative offence, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.

40LUnauthorised dealing with records—DIO

(1)
A person commits an offence if:
(a)
the person engages in any of the following conduct (the relevant conduct):
(i)
copying a record;
(ii)
transcribing a record;
(iii)
retaining a record;
(iv)
removing a record;
(v)
dealing with a record in any other manner; and
(b)
the record was obtained by the person by reason of:
(i)
his or her being, or having been, a staff member of DIO; or
(ii)
his or her having entered into any contract, agreement or arrangement with DIO; or
(iii)
his or her having been an employee or agent of a person who has entered into a contract, agreement or arrangement with DIO; and
(c)
the record:
(i)
was acquired or prepared by or on behalf of DIO in connection with its functions; or
(ii)
relates to the performance by DIO of its functions; and
(d)
the relevant conduct was not engaged in:
(i)
in the course of the person’s duties as a staff member; or
(ii)
in accordance with a contract, agreement or arrangement with DIO; or
(iii)
by the person acting within the limits of authority conferred on the person by the Director of DIO; or
(iv)
with the approval of the Director of DIO or of a staff member having the authority of the Director of DIO to give such an approval.
Penalty: Imprisonment for 3 years.
Exception—record lawfully available
(2)
Subsection (1) does not apply to a record that has already been communicated or made available to the public with the authority of the Commonwealth.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code.
Exception—Inspector‑General of Intelligence and Security
(2A)
Subsection (1) does not apply if the person deals with the record for the purpose of the Inspector‑General of Intelligence and Security exercising a power, or performing a function or duty, under the Inspector‑General of Intelligence and Security Act 1986.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2A): see subsection 13.3(3) of the Criminal Code.
Alternative verdict
(3)
Subsection (4) applies if, in a prosecution for an offence (the prosecuted offence) against subsection (1), the trier of fact:
(a)
is not satisfied that the defendant is guilty of the prosecuted offence; but
(b)
is satisfied beyond reasonable doubt that the defendant is guilty of an offence against subsection 40M(1) (the alternative offence).
(4)
The trier of fact may find the defendant not guilty of the prosecuted offence but guilty of the alternative offence, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.

40MUnauthorised recording of information or matter—DIO

(1)
A person commits an offence if:
(a)
the person makes a record of any information or matter; and
(b)
the information or matter has come to the knowledge or into the possession of the person by reason of:
(i)
his or her being, or having been, a staff member of DIO; or
(ii)
his or her having entered into any contract, agreement or arrangement with DIO; or
(iii)
his or her having been an employee or agent of a person who has entered into a contract, agreement or arrangement with DIO; and
(c)
the information or matter:
(i)
was acquired or prepared by or on behalf of DIO in connection with its functions; or
(ii)
relates to the performance by DIO of its functions; and
(d)
the record was not made:
(i)
in the course of the person’s duties as a staff member; or
(ii)
in accordance with a contract, agreement or arrangement with DIO; or
(iii)
by the person acting within the limits of authority conferred on the person by the Director of DIO; or
(iv)
with the approval of the Director of DIO or of a staff member having the authority of the Director of DIO to give such an approval.
Penalty: Imprisonment for 3 years.
Exception—information or matter lawfully available
(2)
Subsection (1) does not apply to information or matter that has already been communicated or made available to the public with the authority of the Commonwealth.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code.
Exception—communication to the Inspector‑General of Intelligence and Security
(2A)
Subsection (1) does not apply if the person makes the record for the purpose of the Inspector‑General of Intelligence and Security exercising a power, or performing a function or duty, under the Inspector‑General of Intelligence and Security Act 1986.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2A): see subsection 13.3(3) of the Criminal Code.
Alternative verdict
(3)
Subsection (4) applies if, in a prosecution for an offence (the prosecuted offence) against subsection (1), the trier of fact:
(a)
is not satisfied that the defendant is guilty of the prosecuted offence; but
(b)
is satisfied beyond reasonable doubt that the defendant is guilty of an offence against subsection 40L(1) (the alternative offence).
(4)
The trier of fact may find the defendant not guilty of the prosecuted offence but guilty of the alternative offence, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.

Subsection 41(1)

Omit “(1)”.

19A

Subsection 41(1) (penalty)

Repeal the penalty, substitute:
Penalty: Imprisonment for 10 years.

Subsection 41(2)

Repeal the subsection.

After section 41

Insert:

41AOffences against this Division—general rules

Extended geographical jurisdiction
(1)
Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to an offence against this Division.
(2)
Subsection (1) does not, by implication, affect the interpretation of any other provision of this Act.
Institution of prosecution
(3)
A prosecution under this Division may be instituted only by, or with the consent of, the Attorney‑General or a person acting under the Attorney‑General’s direction.
(4)
However:
(a)
a person charged with an offence against this Division may be arrested, or a warrant for his or her arrest may be issued and executed; and

(b)
such a person may be remanded in custody or on bail;
even if the consent of the Attorney‑General or a person acting under his or her direction has not been obtained, but no further proceedings are to be taken until that consent has been obtained.
(5)
Nothing in subsection (3) or (4) prevents the discharging of the accused if proceedings are not continued within a reasonable time.

41BOffences against this Division—IGIS officials

(1)
A person does not commit an offence against an information offence provision if:
(a)
the person is an IGIS official; and
(b)
the relevant conduct is engaged in by the person for the purpose of exercising powers, or performing functions or duties, as an IGIS official.
(2)
In a prosecution for an offence against an information offence provision, the defendant does not bear an evidential burden in relation to the matter in subsection (1), despite subsection 13.3(3) of the Criminal Code.
(3)
In this section:
information offence provision means subsection 39(1), 39A(1), 40(1), 40A(1), 40B(1), 40C(1), 40D(1), 40E(1), 40F(1), 40G(1), 40H(1), 40J(1), 40K(1), 40L(1) or 40M(1).

Before section 42

Insert:

Division 2—Other matters

Application of amendments

The amendments made by this Part apply in relation to conduct engaged in by a person in relation to records, information or matter after the commencement of this Part, whether the records were obtained, or the information or matter came to the knowledge or into the possession of the person, before or after that commencement.

Part 2Consequential amendments

Australian Crime Commission Act 2002

Schedule 1

After “sections 18,” insert “18A, 18B,”.

Crimes Act 1914

Subsection 15LC(4) (note 2)

Omit “section 39 or 41”, substitute “under Division 1 of Part 6”.

Privacy Act 1988

26
Subsection 80P(7) (paragraph (a) of the definition of designated secrecy provision)
After “sections 18”, insert “, 18A, 18B”.
27
Subsection 80P(7) (paragraph (c) of the definition of designated secrecy provision)
Repeal the paragraph, substitute:
1. (c)
  sections 39, 39A, 40, 40A to 40M and 41 of the Intelligence Services Act 2001;

Schedule 7—Renaming of Defence agencies

Part 1Main amendments

Intelligence Services Act 2001

Section 3 (definition of agency)

Omit “DIGO or DSD”, substitute “AGO or ASD”.
2
Section 3 (paragraphs (aa) and (b) of the definition of agency head)
Repeal the paragraphs, substitute:
(b)
in relation to AGO—the Director of AGO; and
(c)
in relation to ASD—the Director of ASD.

Section 3

Insert:
AGO means that part of the Defence Department known as the Australian Geospatial‑Intelligence Organisation.
ASD means that part of the Defence Department known as the Australian Signals Directorate.

Section 3 (definition of DIGO)

Repeal the definition.

Section 3 (definition of DSD)

Repeal the definition.
6
Section 3 (paragraph (a) of the definition of incidentally obtained intelligence)
Omit “DIGO”, substitute “AGO”.
7
Section 3 (paragraph (a) of the definition of incidentally obtained intelligence)
Omit “DSD”, substitute “ASD”.
8
Section 3 (paragraph (b) of the definition of intelligence information)
Omit “DIGO”, substitute “AGO”.
9
Section 3 (paragraph (c) of the definition of intelligence information)
Omit “DSD”, substitute “ASD”.

Section 6B (heading)

Repeal the heading, substitute:

6BFunctions of AGO

Section 6B

Omit “DIGO”, substitute “AGO”.

Section 7 (heading)

Repeal the heading, substitute:

7Functions of ASD

Section 7

Omit “DSD”, substitute “ASD”.

Subsection 8(1)

Omit “DIGO”, substitute “AGO”.

Subsection 8(1)

Omit “DSD”, substitute “ASD”.

Paragraph 11(2)(e)

Omit “DIGO”, substitute “AGO”.

Paragraph 11(2)(f)

Omit “DSD”, substitute “ASD”.

Section 12A

Omit “Director of DIGO, the Director of DSD”, substitute “Director of AGO, the Director of ASD”.

Subsection 14(3) (definition of staff member)

Omit “Director of DIGO, the Director of DSD”, substitute “Director of AGO, the Director of ASD”.

Subsection 15(1)

Omit “responsible Minister in relation to DIGO and the responsible Minister in relation to DSD”, substitute “responsible Minister in relation to AGO and the responsible Minister in relation to ASD”.

Paragraph 15(3)(ab)

Omit “DIGO” (wherever occurring), substitute “AGO”.

Paragraph 15(3)(b)

Omit “DSD” (wherever occurring), substitute “ASD”.

Paragraph 29(1)(a)

Omit “DIGO” (first occurring), substitute “AGO”.

Paragraph 29(1)(a)

Omit “DSD” (first occurring), substitute “ASD”.

Paragraph 29(1)(a)

Omit “DIGO” (second occurring), substitute “AGO”.

Paragraph 29(1)(a)

Omit “DSD” (second occurring), substitute “ASD”.

Paragraph 29(1)(b)

Omit “DIGO”, substitute “AGO”.

Paragraph 29(1)(b)

Omit “DSD”, substitute “ASD”.

Subsection 29(2)

Omit “DIGO”, substitute “AGO”.

Subsection 29(2)

Omit “DSD”, substitute “ASD”.

Paragraph 29(3)(a)

Omit “DIGO”, substitute “AGO”.

Paragraph 29(3)(a)

Omit “DSD”, substitute “ASD”.

Paragraph 29(3)(b)

Omit “DIGO”, substitute “AGO”.

Paragraph 29(3)(b)

Omit “DSD”, substitute “ASD”.

Paragraph 29(3)(c)

Omit “DIGO”, substitute “AGO”.

Paragraph 29(3)(c)

Omit “DSD”, substitute “ASD”.

Paragraph 29(3)(e)

Omit “DIGO”, substitute “AGO”.

Paragraph 29(3)(e)

Omit “DSD”, substitute “ASD”.

Paragraph 29(3)(g)

Omit “DIGO”, substitute “AGO”.

Paragraph 29(3)(g)

Omit “DSD”, substitute “ASD”.

Paragraph 30(baa)

Omit “DIGO”, substitute “AGO”.

Paragraph 30(ba)

Omit “DSD”, substitute “ASD”.

Section 39A (heading)

Repeal the heading, substitute:

39ACommunication of certain information—AGO

Subsection 39A(1)

Omit “DIGO” (wherever occurring), substitute “AGO”.

Section 40 (heading)

Repeal the heading, substitute:

40Communication of certain information—ASD

Subsection 40(1)

Omit “DSD” (wherever occurring), substitute “ASD”.

Clause 1A of Schedule 1 (definition of agency)

Omit “DIGO”, substitute “AGO”.

Clause 1A of Schedule 1 (definition of agency)

Omit “DSD”, substitute “ASD”.
49
Clause 1A of Schedule 1 (paragraph (ba) of the definition of agency head)
Omit “DIGO”, substitute “AGO”.
50
Clause 1A of Schedule 1 (paragraph (c) of the definition of agency head)
Omit “DSD”, substitute “ASD”.
51
Clause 1A of Schedule 1 (paragraph (a) of the definition of operationally sensitive information)
Omit “DIGO”, substitute “AGO”.
52
Clause 1A of Schedule 1 (paragraph (a) of the definition of operationally sensitive information)
Omit “DSD”, substitute “ASD”.
53
Clause 1A of Schedule 1 (paragraph (b) of the definition of operationally sensitive information)
Omit “DIGO”, substitute “AGO”.
54
Clause 1A of Schedule 1 (paragraph (b) of the definition of operationally sensitive information)
Omit “DSD”, substitute “ASD”.

Paragraph 7(1)(a) of Schedule 1

Omit “DIGO or DSD”, substitute “AGO or ASD”.

Paragraph 20(2)(c) of Schedule 1

Omit “DIGO”, substitute “AGO”.

Paragraph 20(2)(c) of Schedule 1

Omit “DSD”, substitute “ASD”.

Part 2Consequential amendments

Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006

Section 5

Insert:
AGO means that part of the Defence Department known as the Australian Geospatial‑Intelligence Organisation, and includes any part of the Defence Force that performs functions on behalf of that part of the Department.
ASD means that part of the Defence Department known as the Australian Signals Directorate, and includes any part of the Defence Force that performs functions on behalf of that part of the Department.
59
Section 5 (definition of defence intelligence agency)
Omit “DIGO”, substitute “AGO”.
60
Section 5 (definition of defence intelligence agency)
Omit “DSD”, substitute “ASD”.
61
Section 5 (paragraph (gb) of the definition of designated agency)
Repeal the paragraph, substitute:
(gb)
AGO; or
62
Section 5 (paragraph (gd) of the definition of designated agency)
Repeal the paragraph, substitute:
(gd)
ASD; or

Section 5 (definition of DIGO)

Repeal the definition.

Section 5 (definition of DIO)

Omit “Department of Defence”, substitute “Defence Department”.

Section 5 (definition of DSD)

Repeal the definition.

Paragraph 128(13B)(d)

Omit “DIGO or DSD” (wherever occurring), substitute “AGO or ASD”.

Archives Act 1983

Paragraphs 29(8)(ba) and (c)

Repeal the paragraphs, substitute:
(ba)
the Australian Geospatial‑Intelligence Organisation;
(c)
the Australian Signals Directorate;

Australian Human Rights Commission Act 1986

Subsection 11(4)

Omit “Defence Signals Directorate”, substitute “Australian Signals Directorate”.

Subsection 11(4)

Omit “Defence Imagery and Geospatial Organisation”, substitute “Australian Geospatial‑Intelligence Organisation”.

Subsection 21(3)

Omit “Defence Imagery and Geospatial Organisation”, substitute “Australian Geospatial‑Intelligence Organisation”.

Subsection 21(3)

Omit “Defence Signals Directorate”, substitute “Australian Signals Directorate”.

Australian Security Intelligence Organisation Act 1979

Section 4

Insert:
AGO has the meaning given by the Intelligence Services Act 2001.
ASD has the meaning given by the Intelligence Services Act 2001.

Section 4 (definition of DIGO)

Repeal the definition.

Section 4 (definition of DSD)

Repeal the definition.
75
Section 4 (paragraph (c) of the definition of intelligence or security agency)
Omit “Defence Imagery and Geospatial Organisation”, substitute “Australian Geospatial‑Intelligence Organisation”.
76
Section 4 (paragraph (e) of the definition of intelligence or security agency)
Omit “Defence Signals Directorate”, substitute “Australian Signals Directorate”.

Subsection 18(4A) (heading)

Repeal the heading, substitute:
Communicating information to ASIS, ASD and AGO

Subsection 18(4A)

Omit “DSD or DIGO”, substitute “ASD or AGO”.

Paragraph 18(4A)(b)

Omit “DSD or DIGO’s”, substitute “ASD or AGO’s”.

Paragraphs 19A(1)(b) and (c)

Repeal the paragraphs, substitute:
(b)
ASD;
(c)
AGO;

Subsection 19A(4) (note 1)

Omit “DSD and DIGO”, substitute “ASD and AGO”.
82
Subsection 35(1) (paragraph (d) of the definition of agency head)
Omit “Defence Imagery and Geospatial Organisation”, substitute “Australian Geospatial‑Intelligence Organisation”.
83
Subsection 35(1) (paragraph (f) of the definition of agency head)
Omit “Defence Signals Directorate”, substitute “Australian Signals Directorate”.

Crimes Act 1914

Paragraph 15KY(3)(b)

Omit “Defence Signals Directorate”, substitute “Australian Signals Directorate”.

Paragraph 15KY(3)(c)

Omit “Defence Imagery and Geospatial Organisation”, substitute “Australian Geospatial‑Intelligence Organisation”.
86
Section 85ZL (paragraph (d) of the definition of intelligence or security agency)
Omit “Defence Signals Directorate”, substitute “Australian Signals Directorate”.
87
Section 85ZL (paragraph (f) of the definition of intelligence or security agency)
Omit “Defence Imagery and Geospatial Organisation”, substitute “Australian Geospatial‑Intelligence Organisation”.

Crimes (Overseas) Act 1964

Section 3

Insert:
AGO has the same meaning as in the Intelligence Services Act 2001.
ASD has the same meaning as in the Intelligence Services Act 2001.

Section 3 (definition of DIGO)

Repeal the definition.

Section 3 (definition of DSD)

Repeal the definition.

Section 3 (definition of staff member)

Omit “DIGO or DSD”, substitute “AGO or ASD”.

Subsection 3A(10) (heading)

Repeal the heading, substitute:
Defence Force members and ASIS, AGO and ASD staff not covered

Paragraph 3A(10)(b)

Omit “DIGO or DSD” (wherever occurring), substitute “AGO or ASD”.

Subsection 3A(10) (paragraph (a) of the note)

Omit “DIGO or DSD”, substitute “AGO or ASD”.

Criminal Code Act 1995

95
Section 473.1 of the Criminal Code (paragraph (d) of the definition of intelligence or security officer)
Omit “Defence Signals Directorate”, substitute “Australian Signals Directorate”.
96
Section 473.1 of the Criminal Code (definition of intelligence or security officer)
Omit “or the Defence Signals Directorate”, substitute “or the Australian Signals Directorate”.

Subsection 476.5(1) of the Criminal Code

Omit “DIGO or DSD”, substitute “AGO or ASD”.

Subsection 476.5(3) of the Criminal Code

Insert:
AGO means that part of the Defence Department known as the Australian Geospatial‑Intelligence Organisation.
ASD means that part of the Defence Department known as the Australian Signals Directorate.
99
Subsection 476.5(3) of the Criminal Code (definition of DIGO)
Repeal the definition.
100
Subsection 476.5(3) of the Criminal Code (definition of DSD)
Repeal the definition.
101
Subsection 476.5(3) of the Criminal Code (paragraph (b) of the definition of staff member)
Omit “DSD” (wherever occurring), substitute “ASD”.
102
Subsection 476.5(3) of the Criminal Code (paragraph (c) of the definition of staff member)
Omit “DIGO” (wherever occurring), substitute “AGO”.

Freedom of Information Act 1982

103

Subsection 4(1)

Insert:
Australian Geospatial‑Intelligence Organisation means that part of the Department of Defence known as the Australian Geospatial‑Intelligence Organisation.
Australian Signals Directorate means that part of the Department of Defence known as the Australian Signals Directorate.
104
Subsection 4(1) (definition of Defence Imagery and Geospatial Organisation)
Repeal the definition.
105
Subsection 4(1) (definition of Defence Signals Directorate)
Repeal the definition.

106

Subparagraph 7(2A)(a)(v)

Repeal the subparagraph, substitute:
(v)
the Australian Geospatial‑Intelligence Organisation;

107

Subparagraph 7(2A)(a)(vii)

Repeal the subparagraph, substitute:
(vii)
the Australian Signals Directorate;

108

Division 2 of Part I of Schedule 2

Insert:

Australian Geospatial‑Intelligence Organisation

Australian Signals Directorate

109

Division 2 of Part I of Schedule 2

Omit:

Defence Imagery and Geospatial Organisation

110

Division 2 of Part I of Schedule 2

Omit:

Defence Signals Directorate

Independent National Security Legislation Monitor Act 2010

111
Section 4 (paragraph (f) of the definition of head)
Omit “Defence Imagery and Geospatial Organisation”, substitute “Australian Geospatial‑Intelligence Organisation”.
112
Section 4 (paragraph (h) of the definition of head)
Omit “Defence Signals Directorate”, substitute “Australian Signals Directorate”.
113
Section 4 (paragraph (g) of the definition of law enforcement or security agency)
Omit “Defence Imagery and Geospatial Organisation”, substitute “Australian Geospatial‑Intelligence Organisation”.
114
Section 4 (paragraph (i) of the definition of law enforcement or security agency)
Omit “Defence Signals Directorate”, substitute “Australian Signals Directorate”.

Inspector‑General of Intelligence and Security Act 1986

115

Subsection 3(1)

Insert:
AGO means that part of the Defence Department known as the Australian Geospatial‑Intelligence Organisation, and any part of the Defence Force that performs functions on behalf of that part of the Department.
ASD means that part of the Defence Department known as the Australian Signals Directorate, and includes any part of the Defence Force that performs functions on behalf of that part of that Department.

116

Subsection 3(1) (definition of DIGO)

Repeal the definition.

117

Subsection 3(1) (definition of DSD)

Repeal the definition.
118
Subsection 3(1) (paragraph (c) of the definition of head)
Repeal the paragraph, substitute:
(c)
in relation to AGO—the Director of AGO; or
119
Subsection 3(1) (paragraph (e) of the definition of head)
Repeal the paragraph, substitute:
(e)
in relation to ASD—the Director of ASD; or
120
Subsection 3(1) (definition of intelligence agency)
Omit “DIGO”, substitute “AGO”.
121
Subsection 3(1) (definition of intelligence agency)
Omit “DSD”, substitute “ASD”.

122

Subsections 8(2) and (4)

Omit “DIGO or DSD”, substitute “AGO or ASD”.

123

Subsection 8(5)

Omit “DIGO, DSD”, substitute “AGO, ASD”.

124

Paragraph 8A(4)(a)

Omit “DIGO or DSD”, substitute “AGO or ASD”.

125

Paragraph 15(3)(b)

Omit “DIGO”, substitute “AGO”.

126

Paragraph 15(3)(b)

Omit “DSD”, substitute “ASD”.

127

Paragraph 21(1B)(b)

Omit “DIGO”, substitute “AGO”.

128

Paragraph 21(1B)(b)

Omit “DSD”, substitute “ASD”.

129

Paragraph 32A(1)(d)

Omit “DIGO”, substitute “AGO”.

130

Paragraph 32A(1)(d)

Omit “DSD”, substitute “ASD”.

131

Paragraph 32A(5)(b)

Omit “DIGO”, substitute “AGO”.

132

Paragraph 32A(5)(b)

Omit “DSD”, substitute “ASD”.

133

Subsection 32B(1)

Omit “DIGO or DSD”, substitute “AGO or ASD”.

134

Subsection 35(2B)

Omit “and DSD”, substitute “, AGO and ASD”.

Privacy Act 1988

135

Paragraph 7(1)(g)

Omit “Defence Imagery and Geospatial Organisation or the Defence Signals Directorate”, substitute “Australian Geospatial‑Intelligence Organisation or the Australian Signals Directorate”.

136

Paragraph 7(1A)(c)

Omit “Defence Signals Directorate”, substitute “Australian Signals Directorate”.

137

Paragraph 7(2)(b)

Omit “Defence Imagery and Geospatial Organisation or the Defence Signals Directorate”, substitute “Australian Geospatial‑Intelligence Organisation or the Australian Signals Directorate”.

Public Interest Disclosure Act 2013

138
Section 8 (paragraph (c) of the definition of intelligence agency)
Omit “Defence Imagery and Geospatial Organisation”, substitute “Australian Geospatial‑Intelligence Organisation”.
139
Section 8 (paragraph (e) of the definition of intelligence agency)
Omit “Defence Signals Directorate”, substitute “Australian Signals Directorate”.

140

Paragraph 72(1)(g)

Omit “Defence Imagery and Geospatial Organisation”, substitute “Australian Geospatial‑Intelligence Organisation”.

141

Paragraph 72(1)(i)

Omit “Defence Signals Directorate”, substitute “Australian Signals Directorate”.

142

Paragraph 72(4)(a)

Omit “Defence Imagery and Geospatial Organisation”, substitute “Australian Geospatial‑Intelligence Organisation”.

143

Paragraph 72(4)(c)

Omit “Defence Signals Directorate”, substitute “Australian Signals Directorate”.

Part 3Transitional provisions

144
Transitional—subsection 25B(1) of the Acts Interpretation Act 1901
Subsection 25B(1) of the Acts Interpretation Act 1901 applies as if:
1. (a)
  that part of the Defence Department known as the Defence Imagery and Geospatial Organisation were a body and the amendments made by Part 1 of this Schedule altered the name of that body to the Australian Geospatial‑Intelligence Organisation; and
2. (b)
  that part of the Defence Department known as the Defence Signals Directorate were a body and the amendments made by Part 1 of this Schedule altered the name of that body to the Australian Signals Directorate.

145

Transitional rules

The Minister may, by legislative instrument, make rules in relation to transitional matters arising out of the amendments and repeals made by Parts 1 and 2 of this Schedule.

[Minister’s second reading speech made in—

Senate on 16 July 2014

House of Representatives on 1 October 2014]

(178/14)