Commonwealth Consolidated Acts

AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979

TABLE OF PROVISIONS

   PART I--PRELIMINARY

   1.      Short title [see Note 1]  
   2.      Commencement [see Note 1]  
   3.      Repeal  
   4.      Definitions  
   4A.     Application of the Criminal Code  
   5.      Extension of Act to external Territories  
   5A.     Copies of certain notices to be given to Inspector-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.  
   19.     Co-operation with other authorities  
   20.     Special responsibility of Director-General in relation to functions of Organisation  
   21.     Leader of Opposition to be kept informed on security matters  

           Division 2--Special powers

   22.     Interpretation  
   23.     Requesting information or documents from operators of aircraft or vessels  
   24.     Exercise of authority under warrants etc.  
   25.     Search warrants  
   25AA.   Conduct of ordinary or frisk search under search warrant  
   25A.    Computer access warrant  
   26.     Use of listening devices  
   26A.    Unlawful and lawful uses of tracking devices  
   26B.    Tracking device warrants relating to persons  
   26C.    Tracking device warrants relating to objects  
   27.     Inspection of postal articles  
   27AA.   Inspection of delivery service articles  
   27A.    Warrants for the performance of functions under paragraph 17(1)(e)  
   27B.    Performance of other functions under paragraph 17(1)(e)  
   28.     Request for warrant to specify grounds  
   29.     Issue of certain warrants by Director-General in emergency  
   30.     Discontinuance of action before expiration of warrant  
   31.     Certain records obtained under a warrant to be destroyed  
   32.     Certain action in relation to requests and warrants  
   34.     Director-General to report to Minister  

           Division 3--Special powers relating to terrorism offences

              Subdivision A--Preliminary

   34A.    Definitions  
   34AB.   Issuing authorities  
   34B.    Prescribed authorities  
   34C.    Written statement of procedures  

              Subdivision B--Questioning warrants

   34D.    Request for questioning warrant  
   34E.    Issue of questioning warrant  

              Subdivision C--Questioning and detention warrants

   34F.    Request for questioning and detention warrant  
   34G.    Issue of questioning and detention warrant  
   34H.    Person taken into custody under warrant to be immediately brought before prescribed authority  

              Subdivision D--Certain obligations and protections relating to a warrant issued under Subdivision B or C

   34J.    Prescribed authority must explain warrant  
   34K.    Directions by prescribed authority etc.  
   34L.    Giving information and producing things etc.  
   34M.    Interpreter provided at request of prescribed authority  
   34N.    Interpreter provided at request of person being questioned  
   34P.    Inspector-General of Intelligence and Security may be present at questioning or taking into custody  
   34Q.    Suspension of questioning etc. in response to concern of Inspector-General of Intelligence and Security  
   34R.    End of questioning under warrant  
   34S.    Person not to be detained for more than 168 hours continuously  

              Subdivision E--Other provisions

   34T.    Humane treatment of person specified in warrant  
   34U.    Entering premises to take person into custody  
   34V.    Use of force in taking person into custody and detaining person  
   34W.    Surrender of passport by person in relation to whom warrant is sought  
   34X.    Person in relation to whom warrant is sought must not leave Australia without permission  
   34Y.    Surrender of passport by person specified in warrant  
   34Z.    Person specified in warrant must not leave Australia without permission  
   34ZA.   Video recording of procedures  
   34ZB.   Power to conduct an ordinary search or a strip search  
   34ZC.   Rules for conduct of strip search  
   34ZD.   Power to remove, retain and copy materials etc.  
   34ZE.   Special rules for young people  
   34ZF.   Offences of contravening safeguards  
   34ZG.   Complaints and information about contravention of procedural statement  
   34ZH.   Providing reports to the Minister  
   34ZI.   Providing information to the Inspector-General  
   34ZJ.   Reporting by Inspector-General on multiple warrants  
   34ZK.   Discontinuing action before warrants expire  
   34ZL.   Certain records obtained under warrant to be destroyed  
   34ZM.   Status of issuing authorities and prescribed authorities  
   34ZN.   Certain functions and powers not affected  
   34ZO.   Limit on contact of lawyer of choice  
   34ZP.   Questioning person in absence of lawyer of person's choice  
   34ZQ.   Involvement of lawyers  
   34ZR.   Conduct of parents etc.  
   34ZS.   Secrecy relating to warrants and questioning  
   34ZT.   Lawyers' access to information for proceedings relating to warrant  
   34ZU.   Rules of Court about proceedings connected with warrants  
   34ZV.   Law relating to legal professional privilege not affected  
   34ZW.   Jurisdiction of State and Territory courts excluded  
   34ZX.   Financial assistance  
   34ZY.   Instruments are not legislative instruments  
   34ZZ.   Cessation of effect of Division  

   PART IV--SECURITY ASSESSMENTS

           Division 1--Preliminary

   35.     Interpretation  
   36.     Part not to apply to certain assessments  

           Division 2--Furnishing of security assessments

   37.     Security assessments  
   38.     Person to be notified of assessment  
   38A.    Notification where assessment relates to Telecommunications Act  
   39.     Effect of preliminary advice by Organisation  
   40.     Assessments for State purposes  

           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 Minister  
   81.     Secrecy  

   PART V--STAFF OF ORGANISATION

   84.     Employment of officers and employees  
   85.     Designation of offices etc.  
   86.     Conditions of employment  
   87.     Special provisions relating to existing employees  
   89.     Termination of employment of officers  
   90.     Regulations relating to staff  
   91.     Application of Crimes Act  
   92.     Publication of identity of officer of Organisation  

   PART VI--MISCELLANEOUS

   93.     Offences  
   94.     Annual report  
   95.     Regulations