Skip to main
Help and resources
Register
for My Account
Sign in
to My Account
Search
Australian Government
Federal Register of Legislation
Site navigation
Constitution
Acts
Legislative instruments
Notifiable instruments
Gazettes
Administrative Arrangements
Prerogative instruments
Norfolk Island
Home
Acts
In force
Text
Details
Authorises
Downloads
All versions
Interactions
Australian Security Intelligence Organisation Act 1979
Citation change
In force
Administered by
Attorney-General's Department
Department of Home Affairs
Superseded version
View latest version
View as made version
Order print copy
Save this title to My Account
Set up an alert
C2019C00240 C61
13 August 2019
-
06 September 2020
Legislation text
View document
Select value
Act
Filter active
Table of contents
Enter text to search the table of contents
Collapse
Part I—Preliminary
1 Short title
2 Commencement
3 Repeal
4 Definitions
4A Application of the Criminal Code
5 Extension of Act to external Territories
5A Copies of certain notices to be given to Inspector-General
Collapse
Part II—The Organisation and the Director-General
6 Continuance of Organisation
7 Director-General
8 Control of Organisation
8A Guidelines
9 Term of office of Director-General
10 Remuneration and allowances of Director-General
11 Leave of absence
12 Resignation
13 Termination of appointment
14 Acting Director-General
15 Appointment of a Judge as Director-General
16 Delegation
Collapse
Part III—Functions and powers of Organisation
Collapse
Division 1—General
17 Functions of Organisation
17AA Fees for advice and other services
17A Act not concerned with lawful dissent etc.
18 Communication of intelligence etc.
18A Unauthorised dealing with records
18B Unauthorised recording of information or matter
18C Offences against section 18, 18A or 18B—general rules
18D Offences against section 18, 18A or 18B—IGIS officials
19 Co-operation with other authorities in connection with performance of Organisation’s functions
19A Co-operation with intelligence and law enforcement agencies etc. in connection with performance of their functions
20 Special responsibility of Director-General in relation to functions of Organisation
21 Leader of Opposition to be kept informed on security matters
21A Voluntary assistance provided to the Organisation
Collapse
Division 2—Special powers
Collapse
Subdivision A—Preliminary
22 Interpretation
23 Requesting information or documents from operators of aircraft or vessels
24 Exercise of authority under warrant etc.
Collapse
Subdivision B—Search warrants
25 Search warrants
25AA Conduct of ordinary or frisk search under search warrant
Collapse
Subdivision C—Computer access warrants
25A Computer access warrant
Collapse
Subdivision D—Use of surveillance devices
26 Issue of surveillance device warrants
26A Requirements for surveillance device warrants
26B What a surveillance device warrant authorises
26C Use etc. of listening device without warrant
26D Use etc. of optical surveillance device without warrant
26E Use etc. of tracking device without warrant
26F Director-General may determine that certain provisions do not apply to specified ASIO affiliates
Collapse
Subdivision E—Inspection of postal and other articles
27 Inspection of postal articles
27AA Inspection of delivery service articles
Collapse
Subdivision F—Foreign intelligence
27A Warrants for the performance of functions under paragraph 17(1)(e)
27B Performance of other functions under paragraph 17(1)(e)
Collapse
Subdivision G—Identified person warrants
27C Issue of identified person warrants
27D Authority under identified person warrant—search of premises and persons
27E Authority under identified person warrant—computer access
27F Authority under identified person warrant—surveillance devices
27G Authority under identified person warrant—inspection of postal articles
27H Authority under identified person warrant—inspection of delivery articles
27J Authority under identified person warrants—general rules
Collapse
Subdivision H—General provisions relating to warrants
28 Request for warrant to specify grounds
29 Issue of certain warrants by Director-General in emergency
29A Variation of warrants issued under this Division
30 Discontinuance of action before expiration of warrant
31 Certain records obtained under a warrant to be destroyed
31A Notification requirements in relation to the use of force under warrant
32 Certain action in relation to requests and warrants
33 Relationship with other laws
34 Director-General to report to Attorney-General—general
34A Director-General to report to Attorney-General—concealment of access
34AA Evidentiary certificates
Collapse
Subdivision J—Assistance relating to access to data
34AAA Person with knowledge of a computer or a computer system to assist access to data
Collapse
Division 3—Special powers relating to terrorism offences
Collapse
Subdivision A—Preliminary
34A Definitions
34AB Issuing authorities
34B Prescribed authorities
34C Written statement of procedures
Collapse
Subdivision B—Questioning warrants
34D Request for questioning warrant
34E Issue of questioning warrant
Collapse
Subdivision C—Questioning and detention warrants
34F Request for questioning and detention warrant
34G Issue of questioning and detention warrant
34H Person taken into custody under warrant to be immediately brought before prescribed authority
Collapse
Subdivision D—Certain obligations and protections relating to a warrant issued under Subdivision B or C
34J Prescribed authority must explain warrant
34K Directions by prescribed authority etc.
34L Giving information and producing things etc.
34M Interpreter provided at request of prescribed authority
34N Interpreter provided at request of person being questioned
34P Inspector-General of Intelligence and Security may be present at questioning or taking into custody
34Q Suspension of questioning etc. in response to concern of Inspector-General of Intelligence and Security
34R End of questioning under warrant
34S Person not to be detained for more than 168 hours continuously
Collapse
Subdivision E—Other provisions
34T Humane treatment of person specified in warrant
34U Entering premises to take person into custody
34V Use of force in taking person into custody and detaining person
34W Surrender of travel documents by person in relation to whom warrant is sought
34X Person in relation to whom warrant is sought must not leave Australia without permission
34Y Surrender of travel documents by person specified in warrant
34Z Person specified in warrant must not leave Australia without permission
34ZA Video recording of procedures
34ZB Power to conduct an ordinary search or a strip search
34ZC Rules for conduct of strip search
34ZD Power to remove, retain and copy materials etc.
34ZE Special rules for young people
34ZF Offences of contravening safeguards
34ZG Complaints and information about contravention of procedural statement
34ZH Providing reports to the Attorney-General
34ZI Providing information to the Inspector-General
34ZJ Reporting by Inspector-General on multiple warrants
34ZK Discontinuing action before warrants expire
34ZL Certain records obtained under warrant to be destroyed
34ZM Status of issuing authorities and prescribed authorities
34ZN Certain functions and powers not affected
34ZO Limit on contact of lawyer of choice
34ZP Questioning person in absence of lawyer of person’s choice
34ZQ Involvement of lawyers
34ZR Conduct of parents etc.
34ZS Secrecy relating to warrants and questioning
34ZT Lawyers’ access to information for proceedings relating to warrant
34ZU Rules of Court about proceedings connected with warrants
34ZV Law relating to legal professional privilege not affected
34ZW Jurisdiction of State and Territory courts excluded
34ZX Financial assistance
34ZY Instruments are not legislative instruments
34ZZ Cessation of effect of Division
Collapse
Division 4—Special intelligence operations
35A Relationship to other laws and matters
35B Applications for authorities to conduct special intelligence operations
35C Granting of special intelligence operation authorities
35D Contents of special intelligence operation authorities
35E Commencement and duration of special intelligence operation authorities
35F Variation of special intelligence operation authorities
35G Cancellation of special intelligence operation authorities
35H Effect of special intelligence operation authorities
35J Defect in a special intelligence operation authority
35K Immunity from liability for special intelligence conduct during special intelligence operations
35L Requirements for warrants etc. not affected
35M Effect of being unaware of variation or cancellation of special intelligence operation authority
35N Protection from criminal responsibility for certain ancillary conduct
35P Unauthorised disclosure of information
35PA Notifications by Director-General
35Q Reports by the Director-General
35R Evidence relating to granting of special intelligence operation authority
Collapse
Part IV—Security assessments
Collapse
Division 1—Preliminary
35 Interpretation
36 Part not to apply to certain assessments
Collapse
Division 2—Furnishing of security assessments
37 Security assessments
38 Person to be notified of assessment
38A Notification where assessment relates to Telecommunications Act or directions under the Security of Critical Infrastructure Act
39 Effect of preliminary advice by Organisation
40 Assessments for State purposes
Collapse
Division 4—Review of security assessments
54 Applications to Tribunal
61 Effect of findings
64 Restriction on further assessments after review
65 Reference of certain matters to Tribunal by Attorney-General
81 Secrecy
Collapse
Part V—ASIO employees etc.
84 Employees of the Organisation
85 Consultants and contractors
86 Secondment of ASIO employees
87 Secondment of persons to the Organisation
88 Applicability of principles of the Public Service Act 1999
89 Voluntary moves to APS
90 Regulations relating to employment of persons
91 Application of Crimes Act
92 Publication of identity of ASIO employee or ASIO affiliate
Collapse
Part VI—Miscellaneous
93 Offences
94 Annual report
95 Regulations
Collapse
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history