Commonwealth Consolidated Acts Commonwealth Consolidated ActsIn this Act, unless the contrary intention appears:
"activities prejudicial to security" includes any activities concerning which Australia has responsibilities to a foreign country as referred to in paragraph (b) of the definition of security in this section.
"acts of foreign interference" means activities relating to Australia that are carried on by or on behalf of, are directed or subsidised by or are undertaken in active collaboration with, a foreign power, being activities that:
(a) are clandestine or deceptive and:
(i) are carried on for intelligence purposes;
(ii) are carried on for the purpose of affecting political or governmental processes; or
(iii) are otherwise detrimental to the interests of Australia; or
(b) involve a threat to any person.
"attacks on Australia 's defence system" means activities that are intended to, and are likely to, obstruct, hinder or interfere with the performance by the Defence Force of its functions or with the carrying out of other activities by or for the Commonwealth for the purposes of the defence or safety of the Commonwealth.
"Australia" , when used in a geographical sense, includes the external Territories.
"authority of the Commonwealth" includes:
(a) a Department of State or an Agency within the meaning of the Public Service Act 1999 ;
(b) the Defence Force;
(c) a body, whether incorporated or not, established for public purposes by or under a law of the Commonwealth or of a Territory;
(d) the holder of an office established for public purposes by or under a law of the Commonwealth or of a Territory;
(e) a prescribed body established in relation to public purposes that are of concern to the Commonwealth and any State or States; and
(f) a company the whole of the share capital of which is held by the Commonwealth.
"carriage service provider" has the same meaning as in the Telecommunications Act 1997 .
"carrier" has the same meaning as in the Telecommunications Act 1997 .
"certified copy" , in relation to a warrant or an instrument revoking a warrant, means a copy of the warrant or instrument that has been certified in writing by the Director-General or a Deputy Director-General to be a true copy of the warrant or instrument.
"Committee on Intelligence and Security" means the Parliamentary Joint Committee on Intelligence and Security established under the Intelligence Services Act 2001 .
"data storage device" means a thing (for example, a disk or file server) containing (whether temporarily or permanently), or designed to contain (whether temporarily or permanently), data for use by a computer.
"Deputy Director-General" means an officer of the Organisation who holds office as Deputy Director-General of Security.
"Director-General" means the Director-General of Security holding office under this Act.
"foreign intelligence" means intelligence relating to the capabilities, intentions or activities of a foreign power.
(a) a foreign government;
(b) an entity that is directed or controlled by a foreign government or governments; or
(c) a foreign political organisation.
(a) a search of a person conducted by quickly running the hands over the person's outer garments; and
(b) an examination of anything worn or carried by the person that is conveniently and voluntarily removed by the person.
"intelligence or security agency" means any of the following:
(a) the Australian Secret Intelligence Service;
(b) the Office of National Assessments;
(c) that part of the Department of Defence known as the Defence Imagery and Geospatial Organisation;
(d) that part of the Department of Defence known as the Defence Intelligence Organisation;
(e) that part of the Department of Defence known as the Defence Signals Directorate.
"Judge" means a Judge of a court created by the Parliament.
"ordinary search" means a search of a person or of articles on his or her person that may include:
(a) requiring the person to remove his or her overcoat, coat or jacket and any gloves, shoes and hat; and
(b) an examination of those items.
"Organisation" means the Australian Security Intelligence Organisation.
"permanent resident" means a person:
(a) in the case of a natural person:
(i) who is not an Australian citizen;
(ii) whose normal place of residence is situated in Australia;
(iii) whose presence in Australia is not subject to any limitation as to time imposed by law; and
(iv) who is not an unlawful non‑citizen within the meaning of the Migration Act 1958 ; or
(b) in the case of a body corporate:
(i) which is incorporated under a law in force in a State or Territory; and
(ii) the activities of which are not controlled (whether directly or indirectly) by a foreign power.
"politically motivated violence" means:
(a) acts or threats of violence or unlawful harm that are intended or likely to achieve a political objective, whether in Australia or elsewhere, including acts or threats carried on for the purpose of influencing the policy or acts of a government, whether in Australia or elsewhere; or
(b) acts that:
(i) involve violence or are intended or are likely to involve or lead to violence (whether by the persons who carry on those acts or by other persons); and
(ii) are directed to overthrowing or destroying, or assisting in the overthrow or destruction of, the government or the constitutional system of government of the Commonwealth or of a State or Territory; or
(ba) acts that are terrorism offences; or
(c) acts that are offences punishable under the Crimes (Foreign Incursions and Recruitment) Act 1978 , the Crimes (Hostages) Act 1989 or Division 1 of Part 2, or Part 3, of the Crimes (Ships and Fixed Platforms) Act 1992 or under Division 1 or 4 of Part 2 of the Crimes (Aviation) Act 1991 ; or
(d) acts that:
(i) are offences punishable under the Crimes (Internationally Protected Persons) Act 1976 ; or
(ii) threaten or endanger any person or class of persons specified by the Minister for the purposes of this subparagraph by notice in writing given to the Director‑General.
"promotion of communal violence" means activities that are directed to promoting violence between different groups of persons in the Australian community so as to endanger the peace, order or good government of the Commonwealth.
(a) the protection of, and of the people of, the Commonwealth and the several States and Territories from:
(i) espionage;
(ii) sabotage;
(iii) politically motivated violence;
(iv) promotion of communal violence;
(v) attacks on Australia's defence system; or
(vi) acts of foreign interference;
whether directed from, or committed within, Australia or not; and
(b) the carrying out of Australia's responsibilities to any foreign country in relation to a matter mentioned in any of the subparagraphs of paragraph (a).
"seizable item" means anything that could present a danger to a person or that could be used to assist a person to escape from lawful custody.
"State" includes the Australian Capital Territory and the Northern Territory.
"strip search" means a search of a person or of articles on his or her person that may include:
(a) requiring the person to remove all of his or her garments; and
(b) an examination of the person's body (but not of the person's body cavities) and of those garments.
"Territory" does not include the Australian Capital Territory or the Northern Territory.
(a) an offence against Subdivision A of Division 72 of the Criminal Code ; or
(b) an offence against Part 5.3 of the Criminal Code .
Note: A person can commit a terrorism offence against Part 5.3 of the Criminal Code even if no terrorist act (as defined in that Part) occurs.
"violence" includes the kidnapping or detention of a person.
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