Commonwealth Consolidated Acts

INTELLIGENCE SERVICES ACT 2001 - SECT 9

             (1)  Before a Minister gives an authorisation under this section, the Minister must be satisfied that:

                     (a)  any activities which may be done in reliance on the authorisation will be necessary for the proper performance of a function of the agency concerned; and

                     (b)  there are satisfactory arrangements in place to ensure that nothing will be done in reliance on the authorisation beyond what is necessary for the proper performance of a function of the agency; and

                     (c)  there are satisfactory arrangements in place to ensure that the nature and consequences of acts done in reliance on the authorisation will be reasonable, having regard to the purposes for which they are carried out.

          (1A)  Before a Minister gives an authorisation under this section for an activity, or a series of activities, of a kind mentioned in subparagraph 8(1)(a)(i) or (ii), the Minister must also:

                     (a)  be satisfied that the Australian person mentioned in that subparagraph is, or is likely to be, involved in one or more of the following activities:

                              (i)  activities that present a significant risk to a person's safety;

                             (ii)  acting for, or on behalf of, a foreign power;

                            (iii)  activities that are, or are likely to be, a threat to security;

                            (iv)  activities related to the proliferation of weapons of mass destruction or the movement of goods listed from time to time in the Defence and Strategic Goods List (within the meaning of regulation 13E of the Customs (Prohibited Exports) Regulations 1958 );

                             (v)  committing a serious crime by moving money, goods or people;

                            (vi)  committing a serious crime by using or transferring intellectual property;

                           (vii)  committing a serious crime by transmitting data or signals by means of guided and/or unguided electromagnetic energy; and

                     (b)  if the Australian person is, or is likely to be, involved in an activity or activities that are, or are likely to be, a threat to security (whether or not covered by another subparagraph of paragraph (a) in addition to subparagraph (a)(iii))--obtain the agreement of the Minister responsible for administering the Australian Security Intelligence Organisation Act 1979 .

          (1B)  In subsection (1A):

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

Note:          For serious crime see section 3.

             (2)  The Minister may give an authorisation in relation to:

                     (a)  an activity, or class of activities, specified in the authorisation; or

                     (b)  acts of a staff member or agent, or a class of staff members or agents, specified (whether by name or otherwise) in the authorisation; or

                     (c)  activities done for a particular purpose connected with the agency's functions.

             (3)  An authorisation is subject to any conditions specified in it.

             (4)  An authorisation must be in writing and must specify how long it will have effect. The period of effect specified in an authorisation for an activity, or a series of activities, of a kind mentioned in subparagraph 8(1)(a)(i) or (ii), must not exceed 6 months.

             (5)  If a Minister gives an authorisation under this section in relation to an agency, the relevant agency head must ensure that a copy of the authorisation is kept by the agency and is available for inspection on request by the Inspector‑General of Intelligence and Security.