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INTELLIGENCE SERVICES ACT 2001 - SECT 3

Definitions

                   In this Act, unless the contrary intention appears:

"agency" means ASIS, DIGO or DSD.

"agency head" means:

                     (a)  in relation to ASIS--the Director‑General; and

                    (aa)  in relation to DIGO--the Director of DIGO; and

                     (b)  in relation to DSD--the Director of DSD.

"ASIO" means the Australian Security Intelligence Organisation.

"ASIS" means the Australian Secret Intelligence Service.

"Australia" , when used in a geographical sense, includes the external Territories.

"Australian person " means a person who is:

                     (a)  an Australian citizen; or

                     (b)  a permanent resident.

"Chair" means the Chair of the Committee.

"Committee" means the Parliamentary Joint Committee on Intelligence and Security.

"Commonwealth authority" includes:

                     (a)  an Agency within the meaning of the Public Service Act 1999 ; and

                     (b)  a Department within the meaning of the Parliamentary Service Act 1999 ; and

                     (c)  the Defence Force; and

                     (d)  a body (whether incorporated or not) established, or continued in existence, for a public purpose by or under a law of the Commonwealth; and

                     (e)  a body corporate in which the Commonwealth or a body referred to in paragraph (d) has a controlling interest.

"court" includes a tribunal, authority or person that has power to require the production of documents or the answering of questions.

"DIGO" means that part of the Department of Defence known as the Defence Imagery and Geospatial Organisation.

"DIO" means that part of the Department of Defence known as the Defence Intelligence Organisation.

"Director-General" means the Director-General of ASIS.

"Director-General of Security" means the Director-General of Security holding office under the Australian Security Intelligence Organisation Act 1979 .

"DSD" means that part of the Department of Defence known as the Defence Signals Directorate.

"emergency response function" includes, but is not limited to, a function in relation to:

                     (a)  search and rescue; or

                     (b)  emergency rescue; or

                     (c)  response to natural disasters.

"foreign power" has the same meaning as in the Australian Security Intelligence Organisation Act 1979 .

"incidentally obtained intelligence" means intelligence:

                     (a)  that is obtained by ASIS in the course of obtaining intelligence under subsection 6(1), by DIGO in the course of obtaining intelligence under paragraph 6B(a), (b) or (c) or by DSD in the course of obtaining intelligence under paragraph 7(a); and

                     (b)  that is not intelligence of a kind referred to in those provisions.

"Inspector-General of Intelligence and Security" means the Inspector-General of Intelligence and Security appointed under the Inspector-General of Intelligence and Security Act 1986 .

"intelligence information" means the following:

                     (a)  information obtained by ASIS under subsection 6(1);

                     (b)  information obtained by DIGO under paragraph 6B(a), (b) or (c);

                     (c)  information obtained by DSD under paragraph 7(a);

                     (d)  incidentally obtained intelligence.

"member" means a member of the Committee, and includes the Chair.

"ONA" means the Office of National Assessments established by the Office of National Assessments Act 1977 .

"paramilitary activities" means activities involving the use of an armed unit (or other armed group) that is not part of a country's official defence or law enforcement forces.

"permanent resident" means:

                     (a)  a natural person who is a permanent resident within the meaning of the Australian Security Intelligence Organisation Act 1979 ; or

                     (b)  a body corporate incorporated under a law in force in a State or Territory, other than a body corporate whose activities one or more of the following controls, or is in a position to control, whether directly or indirectly:

                              (i)  a foreign power;

                             (ii)  a natural person who is neither an Australian citizen nor a person covered by paragraph (a);

                            (iii)  a group of natural persons, none of whom is an Australian citizen or a person covered by paragraph (a).

"police functions" means:

                     (a)  the arrest, charging or detention of suspected offenders; or

                     (b)  any other activity undertaken for the purposes of prosecuting, or for determining whether to prosecute, an offence.

"responsible Minister" means:

                     (a)  in relation to ASIO--the Minister responsible for ASIO; and

                     (b)  in relation to an agency--the Minister responsible for the agency; and

                    (ba)  in relation to DIO--the Minister responsible for DIO; and

                     (c)  in relation to ONA--the Minister responsible for ONA.

"serious crime" means conduct that, if engaged in within, or in connection with, Australia, would constitute an offence against the law of the Commonwealth, a State or a Territory punishable by imprisonment for a period exceeding 12 months.

"staff member" means:

                     (a)  in relation to ASIO--a member of the staff of ASIO (whether an employee of ASIO, a consultant or contractor to ASIO, or a person who is made available by another Commonwealth or State authority or other person to perform services for ASIO); and

                     (b)  in relation to an agency--a member of the staff of the agency (whether an employee of the agency, a consultant or contractor to the agency, or a person who is made available by another Commonwealth or State authority or other person to perform services for the agency).

"State authority" includes:

                     (a)  a Department of State of a State or Territory or a Department of the Public Service of a State or Territory; and

                     (b)  a body (whether incorporated or not) established, or continued in existence, for a public purpose by or under a law of a State or Territory; and

                     (c)  a body corporate in which a State, Territory or a body referred to in paragraph (b) has a controlling interest.



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