AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979 - SECT 94 Annual report

AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979 - SECT 94

  (1)   The annual report prepared by the Director - General and given to the Minister under section   46 of the Public Governance, Performance and Accountability Act 2013 for a period must include a statement of:

  (a)   the total number of requests made during the period under Division   3 of Part   III to the Attorney - General for the issue of warrants under that Division (including the number of requests made orally); and

  (b)   the total number of warrants issued during the period under that Division (including the number of warrants issued orally); and

  (c)   the number of times persons were apprehended during the period under that Division; and

  (d)   the number of hours each person appeared before a prescribed authority for questioning under a warrant issued during the period under that Division and the total of all those hours for all those persons; and

  (e)   the number of times each prescribed authority had persons appear for questioning before the prescribed authority under warrants issued during the period under that Division.

  (2)   A statement included under subsection   (1) in a report must not name, or otherwise specifically identify, any person to whom information provided in the report relates.

  (2A)   A report under subsection   (1) must also include a statement of:

  (a)   the total number of applications made under section   35B during the period for the granting of special intelligence operation authorities; and

  (b)   the total number of special intelligence operation authorities granted during the period; and

  (c)   the number of authorisations made during the period under section   175 and subsection   176(3) of the Telecommunications (Interception and Access) Act 1979 ; and

  (d)   the purposes for which those authorisations were made; and

  (e)   the lengths of time for which the information or documents that were, or would have been, covered by those authorisations had been held when access was sought; and

  (f)   the number of those authorisations that related to retained data that included information of a kind referred to in item   1 of the table in subsection   187AA(1) of that Act; and

  (g)   the number of those authorisations that related to retained data that included information of a kind referred to in item   2, 3, 4, 5 or 6 of the table in subsection   187AA(1) of that Act; and

  (h)   the number of those authorisations that were made under journalist information warrants issued under Subdivision B of Division   4C of Part   4 - 1 of that Act; and

  (i)   the number of journalist information warrants issued under that Subdivision during the period; and

  (j)   information of a kind declared under subsection   (2C) of this section.

  (2B)   A report under subsection   (1) is to set out the matters referred to in paragraph   (2A)(e) by specifying:

  (a)   in relation to each of 8 successive periods of 3 months, the number of the authorisations sought for information or documents held for lengths of time included in that period; and

  (b)   the number of the authorisations sought for information or documents held for lengths of time exceeding 24 months.

  (2BA)   A report under subsection   (1) must also include a statement of:

  (a)   the total number of technical assistance requests given by the Director - General under paragraph   317G(1)(a) of the Telecommunications Act 1997 during the period; and

  (b)   the total number of technical assistance notices given by the Director - General under section   317L of the Telecommunications Act 1997 during the period; and

  (c)   the total number of technical capability notices given by the Attorney - General under section   317T of the Telecommunications Act 1997 during the period that relate to the Organisation.

  (2BB)   For the purposes of paragraph   (2BA)(c), a technical capability notice relates to the Organisation if the acts or things specified in the notice:

  (a)   are directed towards ensuring that a designated communications provider (within the meaning of Part   15 of the Telecommunications Act 1997 ) is capable of giving listed help (within the meaning of section   317T of that Act) to the Organisation in relation to a matter covered by paragraph   317T(2)(a) of that Act; or

  (b)   are by way of giving help to the Organisation in relation to a matter covered by paragraph   317T(2)(b) of the Telecommunications Act 1997 .

  (2BBA)   A report under subsection   (1) must also include a statement of:

  (a)   the relevant statistics about applications made by the Organisation under clause   83 of Schedule   1 to the Telecommunications (Interception and Access) Act 1979 during the period; and

  (b)   the relevant statistics about applications made by the Organisation under clause   92 of that Schedule during the period; and

  (c)   the relevant statistics about applications made by the Organisation under clause   101 of that Schedule during the period; and

  (d)   the number of international production orders issued under clause   89 of that Schedule that were given by the Australian Designated Authority to prescribed communications providers during the period; and

  (e)   the number of international production orders issued under clause   98 of that Schedule that were given by the Australian Designated Authority to prescribed communications providers during the period; and

  (f)   the number of international production orders issued under clause   107 of that Schedule that were given by the Australian Designated Authority to prescribed communications providers during the period; and

  (g)   for each designated international agreement--the number of international production orders issued under Part   4 of that Schedule that:

  (i)   were given by the Australian Designated Authority to prescribed communications providers during the period; and

  (ii)   invoked the designated international agreement; and

  (h)   if subparagraph   89(2)(e)(ii) or (f)(ii) of that Schedule applied to one or more international production orders issued under clause   89 of that Schedule during the period--the number of those orders; and

  (i)   the number of international production orders cancelled by the Australian Designated Authority under clause   112 of that Schedule during the period; and

  (j)   the number of international production orders revoked by the Director - General of Security under clause   116 of that Schedule during the period; and

  (k)   if one or more international production orders issued under Part   4 of that Schedule were cancelled by the Australian Designated Authority under clause   122 of that Schedule during the period--the number of those orders; and

  (l)   if there were one or more occasions during the period when protected information obtained in accordance with an international production order issued under Part   4 of that Schedule was communicated by an ASIO official to a person other than an ASIO official--the number of those occasions; and

  (m)   if one or more objections were received by the Australian Designated Authority under clause   121 of that Schedule during the period in relation to international production orders issued under Part   4 of that Schedule:

  (i)   the number of international production orders to which those objections relate; and

  (ii)   the number of each type of those orders; and

  (iii)   for each designated international agreement--the number of those orders that invoked the designated international agreement.

  (2BBB)   An expression used in subsection   (2BBA) has same meaning as in Schedule   1 to the Telecommunications (Interception and Access) Act 1979 .

  (2BC)   A report under subsection   (1) must also include a statement of:

  (a)   the total number of requests made under paragraph   21A(1)(a) during the period; and

  (b)   the total number of orders made under subsection   34AAD(2) during the period.

  (2BD)   A report under subsection   (1) must also include a statement of:

  (a)   the total number of requests made under subsection   26G(1) during the period; and

  (b)   the total number of authorisations given under section   26G during the period.

  (2C)   The Minister may, by legislative instrument, declare kinds of information that are to be set out in a report under subsection   (1).

  (3)   A copy of the report must be given to the Leader of the Opposition in the House of Representatives, but it is the duty of the Leader of the Opposition to treat as secret any part of the report that is not tabled in a House of the Parliament.

  (4)   Subject to subsection   (5), the Minister must cause a copy of the report to be laid before each House of the Parliament within 20 sitting days of that House after the report is received by the Minister.

  (5)   For the purposes of subsection   (4), the Minister may make such deletions from the report as the Minister, after obtaining advice from the Director - General, considers necessary in order to avoid prejudice to security, the defence of the Commonwealth, the conduct of the Commonwealth's international affairs or the privacy of individuals.

  (6)   The Minister must not delete from a report a statement described in subsection   (1).