Australian Security Intelligence Organization Amendment Act 1979
No. 182 of 1979
An Act to amend section 18 of the Australian Security Intelligence Organization Act 1979 for and in relation to the conferring of powers on the Australian Federal Police in respect of narcotics offences.
BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:
Short title
1. This Act may be cited as the Australian Security Intelligence Organization Amendment Act 1979.
Commencement
2. This Act shall come into operation on the day on which the Australian Security Intelligence Organization Act 1979 comes into operation.
Communication of intelligence, &c.
3. Section 18 of the Australian Security Intelligence Organization Act 19792 is amended—
(a) by omitting from paragraph (a) of sub-section (3) “of the Commonwealth Police Force” and substituting “to a member or special member of the Australian Federal Police”; and
(b) by omitting from paragraph (b) of sub-section (3) “a person who is an officer of Customs for the purposes of the Customs Act 1901” and substituting “a member or special member of the Australian Federal Police for the purposes of investigations into the offence”.
Overview
The Australian Security Intelligence Organization Amendment Act 1979, enacted by the Parliament of Australia, was introduced to address the gap in the legislative framework concerning the delegation of powers to the Australian Federal Police in relation to narcotics offences. The original Australian Security Intelligence Organization Act 1979 did not explicitly confer the necessary authority to the Australian Federal Police for the investigation of narcotics-related crimes. By amending section 18 of the principal Act, this legislation aimed to rectify this oversight and ensure that the Australian Federal Police could effectively carry out their duties in the realm of narcotics investigations. The policy objective behind this amendment was to strengthen the coordination and collaboration between the Australian Security Intelligence Organization and the Australian Federal Police in combating drug-related offences, thereby enhancing the overall security and law enforcement capabilities of the nation.
Scope and Application
The Australian Security Intelligence Organization Amendment Act 1979 applies to the Australian Security Intelligence Organization (ASIO) and the Australian Federal Police (AFP), specifically in relation to the communication of intelligence regarding narcotics offences. The Act amends the Australian Security Intelligence Organization Act 1979 to confer certain powers upon members or special members of the AFP in the context of narcotics investigations. This includes the substitution of terms within the original Act to reflect the updated roles and responsibilities of the AFP in relation to narcotics offences. The geographic and jurisdictional reach of the Act is national, as it pertains to the federal legislation governing intelligence and law enforcement within Australia. There are no stated exclusions or exemptions within the text of the Act itself, although the application and interpretation of the amended provisions may be further detailed in subordinate instruments or regulations. These subordinate instruments can potentially extend or restrict the application of the Act, ensuring that it operates effectively within the framework of Australian law enforcement and intelligence activities.
Key Provisions
The Australian Security Intelligence Organization Amendment Act 1979 (C2004A02192) primarily amends section 18 of the Australian Security Intelligence Organization Act 1979 (ASIO Act). The key change introduced by this amendment is the substitution of references to the Commonwealth Police Force with the Australian Federal Police (AFP) in the context of intelligence communication related to narcotics offences. Specifically, subsection (3)(a) of section 18 is altered to allow the communication of intelligence to a member or special member of the AFP, while subsection (3)(b) is modified to enable the AFP to conduct investigations into narcotics offences.
This amendment imposes specific obligations on the Australian Federal Police regarding the handling and use of intelligence received from the Australian Security Intelligence Organization (ASIO). The AFP must ensure that the intelligence is used exclusively for the purpose of investigating narcotics offences. This includes adhering to the legal framework governing narcotics investigations and ensuring that any actions taken are within the bounds of the law. Furthermore, the AFP must maintain the confidentiality and integrity of the intelligence shared by ASIO, ensuring it is not disclosed to unauthorised persons.
The Act does not explicitly outline specific offences or penalties for breaches of its provisions. However, any misuse of intelligence or failure to comply with the intended use of the information shared by ASIO could potentially lead to legal consequences under other relevant legislation, such as the Crimes Act 1914 or the Criminal Code Act 1995. These Acts may impose penalties for offences such as misuse of official information, unauthorised disclosure of information, or obstruction of justice. The penalties for such offences can vary, but may include fines and imprisonment, depending on the severity and circumstances of the breach.