Intelligence Services Legislation Amendment Act 2011

Administered by Department of Home Affairs

Legislation au C2011A00080 In force Act

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No. 80, 2011

An Act to amend laws relating to intelligence, and for other purposes

Contents

1 Short title

2 Commencement

3 Schedule(s)

Schedule 1—Amendments of intelligence laws etc.

Part 1—Amendments

Australian Security Intelligence Organisation Act 1979

Criminal Code Act 1995

Intelligence Services Act 2001

Part 2—Application provisions

Intelligence Services Legislation Amendment Act 2011

No. 80, 2011

An Act to amend laws relating to intelligence, and for other purposes

[Assented to 25 July 2011]

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Intelligence Services Legislation Amendment Act 2011.

2 Commencement

This Act commences on the day after this Act receives the Royal Assent.

3 Schedule(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Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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—Amendments of intelligence laws etc.

Part 1—Amendments

Australian Security Intelligence Organisation Act 1979

1 Section 4

Insert:

Defence Minister means the Minister administering section 1 of the Defence Act 1903.

2 Section 4

Insert:

Foreign Affairs Minister means the Minister administering the Diplomatic Privileges and Immunities Act 1967.

3 Section 4 (definition of foreign intelligence)

Repeal the definition, substitute:

foreign intelligence means intelligence about the capabilities, intentions or activities of people or organisations outside Australia.

4 Paragraph 25A(4)(a)

Omit “stored in the target computer”, substitute “held in the target computer at any time while the warrant is in force”.

5 Paragraph 27A(1)(a)

After “the Minister” (first occurring), insert “(the issuing Minister)”.

6 Paragraph 27A(1)(a)

After “requesting the”, insert “issuing”.

7 Paragraph 27A(1)(b)

Repeal the paragraph, substitute:

(b) the issuing Minister is satisfied, on the basis of advice received from the Defence Minister or the Foreign Affairs Minister, that the collection of foreign intelligence relating to that matter is in the interests of Australia’s national security, Australia’s foreign relations or Australia’s national economic well‑being;

8 Subsection 27A(1)

Omit “the Minister may”, substitute “the issuing Minister may”.

9 Subsection 27A(1)

Omit “the Minister considers”, substitute “the issuing Minister considers”.

10 Subsection 27A(3)

Omit “the Minister”, substitute “the issuing Minister”.

11 Paragraph 27B(a)

After “the Minister” (first occurring), insert “(the authorising Minister)”.

12 Paragraph 27B(a)

After “requesting the”, insert “authorising”.

13 Paragraph 27B(b)

Repeal the paragraph, substitute:

(b) the authorising Minister is satisfied, on the basis of advice received from the Defence Minister or the Foreign Affairs Minister, that the collection of foreign intelligence relating to that matter is in the interests of Australia’s national security, Australia’s foreign relations or Australia’s national economic well‑being;

14 Section 27B

Omit “the Minister may”, substitute “the authorising Minister may”.

15 Section 27B

Omit “by the Minister”, substitute “by the authorising Minister”.

16 Subsection 35(1)

Insert:

agency head means:

(a) the Director‑General; or

(b) the Director‑General of the Australian Secret Intelligence Service; or

(d) the Director of that part of the Defence Department known as the Defence Imagery and Geospatial Organisation; or

(e) the Director of that part of the Defence Department known as the Defence Intelligence Organisation; or

(f) the Director of that part of the Defence Department known as the Defence Signals Directorate.

17 Subsection 35(1)

Insert:

staff member of the Organisation or an intelligence or security agency means:

(a) the agency head of the Organisation or agency; or

(b) an employee or officer of the Organisation or agency; or

(d) a person who is made available by an authority of the Commonwealth, authority of a State or other person to perform services for the Organisation or agency.

18 At the end of section 36

Add:

; or (c) a security assessment in relation to the engagement, or proposed engagement, of a person by or in the Organisation, or an intelligence or security agency, as a staff member of the Organisation or agency.

Criminal Code Act 1995

19 After subsection 476.5(2A) of the Criminal Code

Insert:

(2AA) Subsections (1) and (2) have effect despite anything in a law of the Commonwealth or of a State or Territory, whether passed or made before or after the commencement of this subsection, unless the law expressly provides otherwise.

(2AB) Subsection (2AA) does not affect the operation of subsection (2A).

Intelligence Services Act 2001

20 After subsection 6(3)

Insert:

(3A) A direction under paragraph (1)(e) is not a legislative instrument.

21 At the end of section 6B

Add:

; and (g) to provide assistance to the Defence Force in support of military operations and to cooperate with the Defence Force on intelligence matters.

Note: For limits on the agency’s functions and activities see sections 11 and 12.

22 At the end of section 8 (before the note)

Add:

(5) A direction given under this section is not a legislative instrument.

23 After subparagraph 9(1A)(a)(iv)

Insert:

(iva) activities related to a contravention, or an alleged contravention, by a person of a UN sanction enforcement law;

24 Subsection 9(1B)

Insert:

UN sanction enforcement law has the same meaning as in the Charter of the United Nations Act 1945.

25 Subsection 11(3)

Omit “6B(b), (c), (d), (e) and (f)”, substitute “6B(b), (c), (d), (e), (f) and (g)”.

26 After subsection 14(2A)

Insert:

(2AB) Subsection (2AA) does not affect the operation of subsection (2A).

27 At the end of section 15

Add:

(7) Rules made under subsection (1) are not legislative instruments.

28 At the end of clause 1 of Schedule 2

Add:

(8) Guidelines issued under subclause (6) are not legislative instruments.

Part 2—Application provisions

29 Application—paragraph 25A(4)(a) of the Australian Security Intelligence Organisation Act 1979

Paragraph 25A(4)(a) of the Australian Security Intelligence Organisation Act 1979, as amended by this Schedule, applies in relation to a request that is made under subsection 25A(1) of that Act after this Schedule commences.

30 Application—sections 27A and 27B of the Australian Security Intelligence Organisation Act 1979

(1) Section 27A of the Australian Security Intelligence Organisation Act 1979, as amended by this Schedule, applies in relation to a notice that is given under paragraph 27A(1)(a) of that Act after this Schedule commences.

(2) Section 27B of the Australian Security Intelligence Organisation Act 1979, as amended by this Schedule, applies in relation to a notice that is given under paragraph 27B(a) of that Act after this Schedule commences.

31 Application—paragraph 36(c) of the Australian Security Intelligence Organisation Act 1979

Paragraph 36(c) of the Australian Security Intelligence Organisation Act 1979, as added by this Schedule, applies in relation to a security assessment that is furnished by the Organisation after this Schedule commences.

32 Application—subsection 15(7) of the Intelligence Services Act 2001

Subsection 15(7) of the Intelligence Services Act 2001, as added by this Schedule, applies in relation to rules that are made under subsection 15(1) of that Act before or after this Schedule commences.

[Minister’s second reading speech made in—

House of Representatives on 23 March 2011

Senate on 14 June 2011]

(47/11)

Overview

The Intelligence Services Legislation Amendment Act 2011 was enacted by the Parliament of Australia to address gaps and improve the framework governing Australia's intelligence services, specifically the Australian Security Intelligence Organisation (ASIO), the Australian Secret Intelligence Service (ASIS), and the Office of National Assessments (ONA). The Act aims to modernise and clarify the roles, responsibilities, and authorities of these agencies, ensuring they can effectively operate within the bounds of Australian law while safeguarding national security. It introduces amendments to the Australian Security Intelligence Organisation Act 1979, the Criminal Code Act 1995, and the Intelligence Services Act 2001 to enhance the clarity and functionality of intelligence operations. The overarching policy objective of the Act is to ensure that intelligence activities are conducted lawfully, ethically, and in the best interests of Australia's national security, foreign relations, and economic well-being. The Act also seeks to address issues concerning the interpretation and application of intelligence laws, ensuring that they remain relevant and effective in the face of evolving security challenges. By providing clearer definitions, updating terminology, and clarifying ministerial roles, the Intelligence Services Legislation Amendment Act 2011 aims to strengthen the legal framework supporting Australia's intelligence community.

Scope and Application

The Intelligence Services Legislation Amendment Act 2011 is an Australian federal Act that amends several existing intelligence-related laws, including the Australian Security Intelligence Organisation Act 1979, the Criminal Code Act 1995, and the Intelligence Services Act 2001. The Act applies to intelligence activities conducted by authorised persons within Australia and overseas, particularly focusing on the collection and handling of foreign intelligence. It also applies to the Australian Security Intelligence Organisation and other intelligence or security agencies defined within the Act. The Act's provisions cover the conduct of persons employed or engaged by these agencies, including their employees, officers, consultants, contractors, and those made available by other authorities. The Act's jurisdictional reach is national, as it pertains to federal intelligence operations and their regulation. Certain exclusions and limitations on the application of the Act are specified within the amended Acts themselves, and the Act extends or restricts application through subordinate instruments such as rules and guidelines, which are explicitly stated not to be legislative instruments. The application provisions of the Act ensure that the amendments apply to activities and notices issued after the Act's commencement date.

Key Provisions

The Intelligence Services Legislation Amendment Act 2011 (C2011A00080) amends several key pieces of Australian legislation, including the Australian Security Intelligence Organisation Act 1979, the Criminal Code Act 1995, and the Intelligence Services Act 2001. It introduces changes that affect the definitions, authorities, and obligations of intelligence agencies in relation to foreign intelligence, national security, and the enforcement of sanctions. Notably, it redefines the term "foreign intelligence" to mean intelligence about the capabilities, intentions, or activities of people or organisations outside Australia (section 4 of Schedule 1). Additionally, it introduces new provisions for the issuing and authorising of warrants for the collection of foreign intelligence, requiring specific ministerial satisfactions based on advice from relevant ministers (sections 27A and 27B of Schedule 1). The Act also expands the functions of the Australian Security Intelligence Organisation to include cooperation with the Defence Force on intelligence matters and providing assistance in support of military operations (section 6 of Schedule 1). The Act imposes several obligations on the parties it governs. It mandates that certain activities, such as the collection of foreign intelligence, must be authorised by the appropriate minister, who must be satisfied based on advice from the Defence Minister or the Foreign Affairs Minister that such activities are in the national interest (sections 27A and 27B of Schedule 1). Furthermore, it requires that warrants and other authorisations be issued in accordance with the specific criteria and procedures outlined in the amended legislation (section 25A of Schedule 1). It also stipulates that certain activities, such as those related to the enforcement of UN sanctions, are now within the purview of the intelligence agencies (section 9 of Schedule 1). Breach of the provisions in the Intelligence Services Legislation Amendment Act 2011 can result in both civil and criminal consequences. For instance, unauthorised collection of foreign intelligence could lead to criminal charges under the amended Criminal Code Act 1995 (section 476.5 of Schedule 1). The Act also specifies that certain directions and rules are not to be considered legislative instruments, which may affect the judicial review of these actions (sections 6B and 15 of Schedule 1). The maximum penalties for offences under the Criminal Code Act 1995 can include imprisonment, fines, or both, depending on the specific offence. Additionally, failure to comply with the Act's provisions regarding the issuance of warrants or the conduct of intelligence activities could result in legal action and penalties as prescribed by the respective acts.

Area of Law: National Security Law
Instrument: Act
Concepts: Definitions & Interpretation; Commencement Provisions; Repeal & Amendment; Reporting & Disclosure Obligations; Regulatory Standards

Interactions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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