Commonwealth Numbered Acts Commonwealth Numbered Acts
Intelligence Services Act 2001
1 Section 3
Insert:
"operational security of ASIS" means the protection of the integrity of operations undertaken by ASIS from:
(a) interference by a foreign person or entity; or
(b) reliance on inaccurate or false information.
2 Before section 6
Insert:
Division 1 -- Functions of the agencies
3 After paragraph 6(1)(da)
Insert:
(db) to undertake activities in accordance with section 13B; and
4 Subparagraph 6B(e)(ii)
Omit "such imagery or products", substitute "imagery and other geospatial products".
5 After subparagraph 6B(e)(ii)
Insert:
(iia) assistance in relation to the production and use of imagery and other geospatial technologies;
6 After subparagraph 9(1A)(a)(iii)
Insert:
(iiia) activities that pose a risk, or are likely to pose a risk, to the operational security of ASIS;
7 Subsection 9(1B) (note)
After " crime ", insert "and operational security of ASIS ".
8 Before section 13
Insert:
9 Subsection 13(1A)
Omit all the words after "planning or", substitute:
undertaking:
(a) activities covered by paragraphs 6(4)(a) to (c); or
(b) training in the use of weapons or in self-defence techniques;
unless, before giving the approval, the Minister consults with the Prime Minister and the Attorney-General.
10 Application--subsection 13(1A)
(1) The amendment of subsection 13(1A) of the Intelligence Services Act 2001 made by this Schedule applies in relation to co-operation with an authority, in planning or undertaking training in the use of weapons or in self-defence techniques, on or after the commencement of this Schedule.
(2) Subitem (1) applies whether an approval under paragraph 13(1)(c) of the Intelligence Services Act 2001 was given in relation to the authority before or after the commencement of this Schedule.
11 After section 13A
Insert:
Division 3 -- Activities undertaken in relation to ASIO
13B Activities undertaken in relation to ASIO
When an activity may be undertaken in relation to ASIO
(1) Subject to section 13D, ASIS may undertake an activity, or a series of activities, if:
(a) the activity or series of activities will be undertaken for the specific purpose, or for purposes which include the specific purpose, of producing intelligence on an Australian person or a class of Australian persons; and
(b) the activity or series of activities will be undertaken outside Australia; and
(c) the activity or series of activities will be undertaken to support ASIO in the performance of its functions; and
(d) either:
(i) the Director-General of Security; or
(ii) a person who is authorised under section 13C for the purposes of this subparagraph;
has, in writing, notified ASIS that ASIO requires the production of intelligence on the Australian person or class of Australian persons.
(2) The undertaking of an activity or series of activities under subsection (1) is subject to any conditions specified in the notice under paragraph (1)(d).
When notice from ASIO not required--particular activity
(3) Paragraph (1)(d) does not apply in relation to the undertaking of a particular activity in relation to a particular Australian person if a staff member of ASIS who:
(a) is authorised under subsection (7); and
(b) will be undertaking the activity;
reasonably believes that it is not practicable in the circumstances for ASIO to notify ASIS in accordance with that paragraph before undertaking the activity.
(4) If ASIS undertakes an activity in accordance with subsection (3), ASIS must, as soon as practicable, notify ASIO and the Inspector-General of Intelligence and Security, in writing, of the activity.
Effect of this section
(5) ASIS may undertake an activity or series of activities under subsection (1) without an authorisation under section 9 for the activity or series of activities.
Incidental production of intelligence
(6) An activity, or a series of activities, does not cease to be undertaken:
(a) in accordance with this section; or
(b) for the specific purpose of supporting ASIO in the performance of its functions;
only because, in undertaking the activity or series of activities, ASIS also incidentally produces intelligence that relates to the involvement, or likely involvement, of an Australian person in one or more of the activities set out in paragraph 9(1A)(a).
Authorised staff members
(7) The Director-General may authorise, in writing, a staff member of ASIS, or a class of such staff members, for the purposes of paragraph (3)(a).
Instruments not legislative instruments
(8) The following are not legislative instruments:
(a) a notice under paragraph (1)(d);
(b) a notice under subsection (4);
(c) an authorisation made under subsection (7).
13C Authorised persons for activities undertaken in relation to ASIO
Authorised persons
(1) The Director-General of Security may authorise, in writing, a senior position-holder, or a class of senior position-holders, for the purposes of subparagraph 13B(1)(d)(ii).
Authorisation is not a legislative instrument
(2) An authorisation made under subsection (1) is not a legislative instrument.
Definitions
(3) For the purposes of this section, senior position-holder has the same meaning as in the Australian Security Intelligence Organisation Act 1979 .
13D Certain acts not permitted
If ASIO could not undertake a particular act in at least one State or Territory without it being authorised by warrant under Division 2 of Part III of the Australian Security Intelligence Organisation Act 1979 or under Part 2-2 of the Telecommunications (Interception and Access) Act 1979 , this Division does not allow ASIS to undertake the act .
13E Director-General to be satisfied of certain matters
The Director-General must be satisfied that:
(a) there are satisfactory arrangements in place to ensure that activities will be undertaken in accordance with section 13B only for the specific purpose of supporting ASIO in the performance of its functions; and
(b) there are satisfactory arrangements in place to ensure that the nature and consequences of acts done in accordance with section 13B will be reasonable, having regard to the purposes for which they are carried out.
13F Other matters relating to activities undertaken in relation to ASIO
ASIO to be consulted before communicating intelligence
(1) If, in undertaking an activity or series of activities in accordance with section 13B, ASIS produces intelligence, ASIS must not communicate the intelligence outside ASIS (other than in accordance with subsection (2)) unless ASIO has been consulted.
Intelligence to be communicated to ASIO
(2) If, in undertaking an activity or series of activities in accordance with section 13B, ASIS produces intelligence, ASIS must cause the intelligence to be communicated to ASIO as soon as practicable after the production.
Notices to be made available to the Inspector-General of Intelligence and Security
(3) If a notice is given to ASIS under paragraph 13B(1)(d), the Director-General must ensure that a copy of the notice is kept by ASIS and is available for inspection on request by the Inspector-General of Intelligence and Security.
Reports about activities to be given to the responsible Minister
(4) As soon as practicable after each year ending on 30 June, the Director-General must give to the responsible Minister in relation to ASIS a written report in respect of activities undertaken by ASIS in accordance with section 13B during the year.
13G Guidelines relating to activities undertaken in relation to ASIO
(1) The responsible Minister in relation to ASIO and the responsible Minister in relation to ASIS may jointly make written guidelines relating to the undertaking of activities in accordance with section 13B.
(2) Guidelines made under subsection (1) are not a legislative instrument.
12 Before section 14
Insert:
13 Subsection 14(2)
Omit "done inside Australia", substitute "(whether done inside or outside Australia)".
14 After subclause 1(1) of Schedule 2
Insert:
(1A) The provision to a person of a weapon, or training in the use of a weapon or in self-defence techniques, is not prevented by subsection 6(4) if:
(a) the person:
(i) is an officer of an authority with which ASIS is co-operating in accordance with paragraph 13(1)(c); or
(ii) is an officer (however described) of a Commonwealth authority, or a State authority, and is authorised in that capacity to carry and use weapons; and
(b) it is provided in accordance with a Ministerial approval under subclause (3A) in relation to the person; and
(c) it is provided for the purpose of enabling the person:
(i) to protect himself or herself; or
(ii) to protect a staff member or agent of ASIS; or
(iii) to protect a person who is co-operating with ASIS in accordance with section 13.
15 Subparagraph 1(2)(a)(ii) of Schedule 2
After "(1)", insert "or (1A)".
16 After subclause 1(2) of Schedule 2
Insert:
(2A) The use of a weapon or self-defence techniques is not prevented by subsection 6(4) if:
(a) the weapon or techniques are used in the proper performance of a function of ASIS; and
(b) the weapon or techniques are used in a controlled environment; and
(c) guidelines have been issued by the Director-General under subclause (6); and
(d) the weapon or techniques are used in compliance with those guidelines.
Example: The following may constitute the use of a weapon or technique in a controlled environment:
(a) the use of a firearm at a rifle range;
(b) the use of a martial art at a martial arts club.
17 After subclause 1(3) of Schedule 2
Insert:
(3A) The Minister may, by written notice given to the Director-General, approve the provision of a weapon, or training in the use of a weapon or in self-defence techniques, to a specified person for the purposes of paragraph (1A)(b).
18 Subclause 1(4) of Schedule 2
After "An approval", insert "under subclause (3) or (3A)".
19 Subclause 1(5) of Schedule 2
After "an approval", insert "under subclause (3) or (3A)".
20 Clause 2 of Schedule 2
Omit "A staff member or agent of ASIS", substitute "A person".
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