Commonwealth Consolidated Acts

AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979

TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY

   1.      Short title  
   2.      Commencement  
   3.      Repeal  
   4.      Definitions  
   4AA.    References to the Attorney - General  
   4A.     Application of the Criminal Code  
   5.      Extension of Act to external Territories  
   5A.     Copies of certain notices to be given to Inspector - General  
   5B.     Substitution of references to the Attorney - General  

   PART II--THE--ORGANISATION AND THE DIRECTOR-GENERAL

   6.      Continuance of Organisation  
   7.      Director - General  
   8.      Control of Organisation  
   8A.     Guidelines  
   9.      Term of office of Director - General  
   10.     Remuneration and allowances of Director - General  
   11.     Leave of absence  
   12.     Resignation  
   13.     Termination of appointment  
   14.     Acting Director - General  
   15.     Appointment of a Judge as Director - General  
   16.     Delegation  

   PART III--FUNCTIONS--AND POWERS OF ORGANISATION

           Division 1--General

   17.     Functions of Organisation  
   17AA.   Fees for advice and other services  
   17A.    Act not concerned with lawful dissent etc.  
   18.     Communication of intelligence etc.  
   18A.    Unauthorised dealing with records  
   18B.    Unauthorised recording of information or matter  
   18C.    Offences against section 18, 18A or 18B--general rules  
   18D.     Offences against section 18, 18A or 18B--IGIS officials  
   19.     Co - operation with other authorities in connection with performance of Organisation's functions  
   19A.    Co - operation with intelligence and law enforcement agencies etc. in connection with performance of their functions  
   20.     Special responsibility of Director - General in relation to functions of Organisation  
   21.     Leader of Opposition to be kept informed on security matters  
   21A.    Voluntary assistance provided to the Organisation  

           Division 2--Special powers

              Subdivision A--Preliminary

   22.     Interpretation  
   23.     Requesting information or documents from operators of aircraft or vessels  
   24.     Exercise of authority under warrant etc.  

              Subdivision B--Search warrants

   25.     Search warrants  
   25AA.   Conduct of ordinary or frisk search under search warrant  

              Subdivision C--Computer access warrants

   25A.    Computer access warrant  

              Subdivision D--Use of surveillance devices

   26.     Issue of surveillance device warrants  
   26A.    Requirements for surveillance device warrants  
   26B.    What a surveillance device warrant authorises  
   26C.    Use etc. of listening device without warrant  
   26D.    Use etc. of optical surveillance device without warrant  
   26E.    Use etc. of tracking device without warrant or internal authorisation  
   26F.    Director - General may determine that certain provisions do not apply to specified ASIO affiliates  

              Subdivision DA--Use of tracking devices under internal authorisation

   26G.    Use of tracking devices under internal authorisation  
   26H.    Requirements for internal authorisations  
   26J.    What an internal authorisation authorises  
   26K.    Certain acts not authorised  
   26L.    Recovery of tracking devices  
   26M.    Exercise of authority under internal authorisations  
   26N.    Variation of internal authorisations  
   26P.    Discontinuance of action before expiration of internal authorisation  
   26Q.    Register of internal authorisations  
   26R.    Issue of warrants for recovery of tracking devices  

              Subdivision E--Inspection of postal and other articles

   27.     Inspection of postal articles  
   27AA.   Inspection of delivery service articles  

              Subdivision F--Foreign intelligence

   27A.    Warrants for the performance of functions under paragraph 17(1)(e)  
   27B.    Performance of other functions under paragraph 17(1)(e)  

              Subdivision G--Identified person warrants

   27C.    Issue of identified person warrants  
   27D.    Authority under identified person warrant--search of premises and persons  
   27E.    Authority under identified person warrant--computer access  
   27F.    Authority under identified person warrant--surveillance devices  
   27G.    Authority under identified person warrant--inspection of postal articles  
   27H.    Authority under identified person warrant--inspection of delivery articles  
   27J.    Authority under identified person warrants--general rules  

              Subdivision H--General provisions relating to warrants and authorisations

   28.     Request for warrant to specify grounds  
   29.     Issue of certain warrants by Director - General in emergency  
   29A.    Variation of warrants issued under this Division  
   30.     Discontinuance of action before expiration of warrant  
   31.     Certain records obtained under a warrant to be destroyed  
   31A.    Notification requirements in relation to the use of force under warrant  
   32.     Certain action in relation to requests and warrants  
   33.     Relationship with other laws  
   34.     Director - General to report to Attorney - General--general  
   34AAA.  Director - General to report to Attorney - General--concealment of access  
   34AAB.  Director - General to report to Attorney - General--internal authorisations to use tracking devices  
   34AAC.  Evidentiary certificates  

              Subdivision J--Assistance relating to access to data

   34AAD.  Person with knowledge of a computer or a data storage device to assist access to data  

           Division 3--Compulsory questioning powers

              Subdivision A--General provisions

   34A.    Definitions  
   34AA.   Meaning of minor's representative  
   34AB.   Meaning of questioning material and subject  
   34AC.   Meaning of resolved  
   34AD.   Prescribed authorities  
   34AE.   Status of prescribed authorities  
   34AF.   Written statement of procedures  
   34AG.   Humane treatment of subject of questioning warrant  

              Subdivision B--Questioning warrants

   34B.    Request for questioning warrant  
   34BA.   Test for issue of questioning warrant--persons who are at least 18  
   34BB.   Test for issue of questioning warrant--persons who are at least 14  
   34BC.   Warrant has no effect if person under 14  
   34BD.   What a questioning warrant authorises  
   34BE.   Other things that may be authorised in questioning warrant  
   34BF.   Requirements for questioning warrant  
   34BG.   Variation of questioning warrant  
   34BH.   Notification requirements in relation to questioning warrant  

              Subdivision C--Apprehension and search powers etc.

   34C.    Police officer may apprehend subject of questioning warrant in certain circumstances  
   34CA.   Entering premises to apprehend subject  
   34CB.   Communications while apprehended  
   34CC.   Power to conduct search of apprehended subject of questioning warrant  
   34CD.   Use of force in apprehending or searching subject  
   34CE.   Power to remove, retain and copy materials etc.  

              Subdivision D--Matters relating to questioning under questioning warrants

   34D.    Screening of persons  
   34DA.   Prohibition on possessing certain things during questioning  
   34DB.   Questioning under a questioning warrant  
   34DC.   Prescribed authority must explain certain matters  
   34DD.   Additional requirements for prescribed authorities in relation to minor questioning warrants  
   34DE.   Directions while subject is before prescribed authority for questioning  
   34DF.   Directions in relation to confidentiality  
   34DG.   Direction that persons under 14 not be questioned  
   34DH.   Other matters relating to the functions and powers of prescribed authorities  
   34DI.   Complaints while appearing before prescribed authority for questioning  
   34DJ.   Permitted questioning time  
   34DK.   Extra permitted questioning time if interpreter present  
   34DL.   Time that is not questioning time  
   34DM.   Suspension of questioning etc. in response to concern of Inspector - General of Intelligence and Security  
   34DN.   Interpreter provided at request of prescribed authority  
   34DO.   Interpreter provided at request of subject  
   34DP.   Video recording of procedures  

              Subdivision E--Particular uses or disclosures of questioning material and derivative material

   34E.    Obtaining derivative material  
   34EA.   Disclosing questioning material to prosecutors of the subject  
   34EB.   Disclosing derivative material to prosecutors of the subject  
   34EC.   Court's powers to order disclosure and to ensure a fair trial  
   34ED.   Certain material may always be disclosed to prosecutors of the subject  
   34EE.   Other matters about prosecutors and subjects  
   34EF.   Proceeds of crime authorities and questioning under a questioning warrant  

              Subdivision F--Lawyers and minor's representatives

   34F.    Person specified in warrant may contact lawyer or minor's representative  
   34FA.   Questioning in absence of lawyer for subject  
   34FB.   Directions in relation to lawyers for subjects of adult questioning warrants  
   34FC.   Directions in relation to lawyers for subjects of minor questioning warrants  
   34FD.   Directions in relation to minor's representatives  
   34FE.   Lawyer may request copy of warrant  
   34FF.   Involvement of lawyers  
   34FG.   Conduct of minor's representatives  
   34FH.   Lawyers' access to information for proceedings relating to warrant  
   34FI.   Law relating to legal professional privilege not affected  

              Subdivision G--Offences

   34G.    Surrender of travel documents by person in relation to whom questioning warrant is sought  
   34GA.   Person in relation to whom questioning warrant is requested must not leave Australia without permission  
   34GB.   Surrender of travel documents by subject of questioning warrant  
   34GC.   Subject of questioning warrant must not leave Australia without permission  
   34GD.   Giving information and producing things etc.  
   34GE.   Offences of contravening safeguards  
   34GF.   Secrecy relating to warrants and questioning  

              Subdivision H--Complaints, reporting and records

   34H.    Complaints and information about contravention of procedural statement  
   34HA.   Providing reports to the Attorney - General  
   34HB.   Providing information to the Inspector - General  
   34HC.   Destruction of certain records obtained under warrant  

              Subdivision I--Miscellaneous

   34J.    Discontinuance of action before cessation of warrant  
   34JA.   Certain functions and powers not affected  
   34JB.   IGIS official may be present at questioning or apprehension  
   34JC.   Rules of Court about proceedings connected with warrants  
   34JD.   Jurisdiction of State and Territory courts excluded  
   34JE.   Financial assistance  
   34JF.   Cessation of effect of Division  

           Division 4--Special intelligence operations

   35A.    Relationship to other laws and matters  
   35B.    Applications for authorities to conduct special intelligence operations  
   35C.    Granting of special intelligence operation authorities  
   35D.    Contents of special intelligence operation authorities  
   35E.    Commencement and duration of special intelligence operation authorities  
   35F.    Variation of special intelligence operation authorities  
   35G.    Cancellation of special intelligence operation authorities  
   35H.    Effect of special intelligence operation authorities  
   35J.    Defect in a special intelligence operation authority  
   35K.    Immunity from liability for special intelligence conduct during special intelligence operations  
   35L.    Requirements for warrants etc. not affected  
   35M.    Effect of being unaware of variation or cancellation of special intelligence operation authority  
   35N.    Protection from criminal responsibility for certain ancillary conduct  
   35P.    Unauthorised disclosure of information  
   35PA.   Notifications by Director - General  
   35Q.    Reports by the Director - General  
   35R.    Evidence relating to granting of special intelligence operation authority  

   PART IV--SECURITY--ASSESSMENTS

           Division 1--Preliminary

   35.     Interpretation  
   36AA.   Prescribing actions as prescribed administrative action  
   36.     Part not to apply to certain assessments  
   36A.    Part not to apply to security vetting and security clearance related activities  

           Division 2--Furnishing of security assessments

   37.     Security assessments  
   38.     Person to be notified of assessment  
   38A.    Notification where assessment relates to Telecommunications Act or directions under the Security of Critical Infrastructure Act  
   39.     Effect of preliminary advice by Organisation  
   40.     Assessments and preliminary communications for State purposes  
   41.     Notification of delayed security assessment  
   42.     Protocol for dealing with delayed security assessments  

           Division 4--Review of security assessments

   54.     Applications to Tribunal  
   61.     Effect of findings  
   64.     Restriction on further assessments after review  
   65.     Reference of certain matters to Tribunal by Attorney - General  
   81.     Secrecy  

   PART IVA--SECURITY--VETTING AND SECURITY CLEARANCE RELATED ACTIVITIES

           Division 1--Preliminary

   82.     Purpose of this Part  
   82A.    Definitions  
   82B.    Simplified outline of this Part  

           Division 2--Security vetting and security clearance related decisions

   82C.    Security vetting and security clearance related activities  
   82D.    Director - General's powers, functions and duties  
   82E.    Communications by Organisation to another Commonwealth security vetting agency  
   82F.    Communications by Organisation to State security vetting agency  
   82G.    Statement of grounds for prejudicial security clearance suitability assessments  
   82GA.   Notification of delayed security clearance decision or delayed security clearance suitability assessment  
   82GB.   Protocol for dealing with delayed security clearance decisions and delayed security clearance suitability assessments  

           Division 3--Review of certain security clearance decisions and prejudicial security clearance suitability assessments

              Subdivision A--Internal review of certain security clearance decisions

   82H.    Internally reviewable decisions  
   82J.    Notification of internally reviewable decision  
   82K.    Application for internal review of decision  
   82L.    Decision on internal review  

              Subdivision B--Review by the Administrative Review Tribunal of certain security clearance decisions and security clearance suitability assessments

   83.     Externally reviewable decisions  
   83A.    Notification of prejudicial security clearance suitability assessment that is an externally reviewable decision  
   83B.    Applications to Administrative Review Tribunal  
   83C.    Statement of grounds for security clearance decision  
   83CA.   Access to security clearance standards  
   83D.    Effect of findings  
   83E.    Conclusive certificates  

              Subdivision C--Review by an independent reviewer

   83EA.   Independently reviewable decisions  
   83EB.   Application for independent review of decision  
   83EC.   Director - General to provide information to independent reviewer  
   83ED.   Independent review of decision  
   83EE.   Director - General's consideration of independent reviewer's opinion  
   83EF.   Attorney - General may engage independent reviewers  

           Division 4--Other matters relating to review by the Administrative Review Tribunal

   83F.    Reference of certain matters to Administrative Review Tribunal by Attorney - General  

   PART V--ASIO--EMPLOYEES ETC.

   84.     Employees of the Organisation  
   85.     Consultants and contractors  
   86.     Secondment of ASIO employees  
   87.     Secondment of persons to the Organisation  
   88.     Applicability of principles of the Public Service Act 1999  
   89.     Voluntary moves to APS  
   90.     Regulations relating to employment of persons  
   91.     Application of Crimes Act  
   92.     Making public the identity of ASIO employees and ASIO affiliates  
   92A.    Disclosing the identity of ASIO employees and ASIO affiliates  
   92B.    Cover employment for ASIO employees and ASIO affiliates  
   92C.    Cover employment--determining a specified authority of the Commonwealth  
   92D.    Protection from criminal liability--third parties  

   PART VI--MISCELLANEOUS

   93A.    Costs in certain ART reviews  
   93.     Offences  
   94.     Annual report  
   95.     Regulations