AUSTRALIAN SECURITY INTELLIGENCE ORGANIZATION AMENDMENT ACT 1986 No. 122 of 1986 - SECT 3 Interpretation

AUSTRALIAN SECURITY INTELLIGENCE ORGANIZATION AMENDMENT ACT 1986 No. 122 of 1986 - SECT 3

3. Section 4 of the Principal Act is amended -
(a) by omitting the definitions of "active measures of foreign intervention"
and "acts of violence" and substituting the following definitions:

"'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;";

   (b)  by omitting the definition of "domestic subversion" and substituting
        the following definitions:

"'foreign intelligence' means intelligence relating to the capabilities,
intentions or activities of a foreign power;".
'foreign power' means -

   (a)  a foreign government;

   (b)  an entity that is directed or controlled by a foreign
government or governments; or

   (c)  a foreign political organisation;
'intelligence or security agency' means the Australian Secret
Intelligence Service, the Office of National Assessments, that
part of the Department of Defence known as the Defence
Signals Directorate or that part of the Department of Defence
known as the Joint Intelligence Organization;";

   (c)  by inserting after the definition of "Organization" the following
        definitions:

"'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 a prohibited 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;

   (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;

   (c)  acts that are offences punishable under the Crimes 
(Foreign Incursions and Recruitment) Act 1978 , the
Crimes (Hijacking of Aircraft) Act 1972 or the Crimes 
(Protection of Aircraft) Act 1973 ; 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 sub-paragraph 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;";

   (d)  by omitting sub-paragraphs (a) (iii), (iv) and (v) of the definition
of "security" and substituting the following sub-paragraphs:

"(iii) politically motivated violence;

        (iv)   promotion of communal violence;

        (v)    attacks on Australia's defence system; or

        (vi)   acts of foreign interference,"; and

   (e)  by omitting the definition of "terrorism" and substituting the
following definitions:

"'State' includes the Northern Territory;
'Territory' does not include the Northern Territory;
'violence' includes the kidnapping or detention of a person.".