Commonwealth Consolidated Acts

INTELLIGENCE SERVICES ACT 2001 - SECT 6

             (1)  The functions of ASIS are:

                     (a)  to obtain, in accordance with the Government's requirements, intelligence about the capabilities, intentions or activities of people or organisations outside Australia; and

                     (b)  to communicate, in accordance with the Government's requirements, such intelligence; and

                     (c)  to conduct counter‑intelligence activities; and

                     (d)  to liaise with intelligence or security services, or other authorities, of other countries; and

                     (e)  to undertake such other activities as the responsible Minister directs relating to the capabilities, intentions or activities of people or organisations outside Australia.

             (2)  The responsible Minister may direct ASIS to undertake activities referred to in paragraph (1)(e) only if the Minister:

                     (a)  has consulted other Ministers who have related responsibilities; and

                     (b)   is satisfied that there are satisfactory arrangements in place to ensure that, in carrying out the direction, nothing will be done beyond what is necessary having regard to the purposes for which the direction is given; and

                     (c)  is satisfied that there are satisfactory arrangements in place to ensure that the nature and consequences of acts done in carrying out the direction will be reasonable having regard to the purposes for which the direction is given.

             (3)  A direction under paragraph (1)(e) must be in writing.

Note:          If the Minister gives a direction under paragraph (1)(e), the Minister must give a copy of the direction to the Inspector‑General of Intelligence and Security as soon as practicable after the direction is given to the head of ASIS (see section 32B of the Inspector‑General of Intelligence and Security Act 1986 ).

             (4)  In performing its functions, ASIS must not plan for, or undertake, activities that involve:

                     (a)  paramilitary activities; or

                     (b)  violence against the person; or

                     (c)  the use of weapons;

by staff members or agents of ASIS.

Note 1:       This subsection does not prevent ASIS from being involved with the planning or undertaking of activities covered by paragraphs (a) to (c) by other organisations provided that staff members or agents of ASIS do not undertake those activities.

Note 2:       For other limits on the agency's functions and activities see sections 11 and 12.

Note 3:       For paramilitary activities see section 3.

             (5)  Subsection (4) does not prevent:

                     (a)  the provision of weapons, or training in the use of weapons or in self‑defence techniques, in accordance with Schedule 2; or

                     (b)  the use of weapons or self‑defence techniques in accordance with Schedule 2.

             (6)  ASIS must not provide weapons, or training in the use of weapons or in self‑defence techniques, other than in accordance with Schedule 2.

             (7)  In performing its functions, ASIS is not prevented from providing assistance to Commonwealth authorities, including to the Defence Force in support of military operations, and to State authorities.