AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979
Table of Provisions
PART I--PRELIMINARY
- 1 Short title
- 2 Commencement
- 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
- 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
- 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 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 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
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 Appeals 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 Appeals Tribunal
- 83C Statement of grounds for security clearance decision
- 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 Appeals Tribunal
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 Publication of identity of ASIO employee or ASIO affiliate