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Intelligence Services Act 2001
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Department of the Prime Minister and Cabinet
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C2023C00203 (C45)
12 August 2023
-
20 September 2023
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Part 1—Preliminary
1 Short title
2 Commencement
3 Definitions
3A References to Ministers
4 Extension to external Territories
5 Application of Criminal Code
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Part 2—Functions of the agencies
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Division 1—Functions of the agencies
6 Functions of ASIS
6A Committee to be advised of other activities
6B Functions of AGO
7 Functions of ASD
8 Ministerial directions
9 Ministerial authorisation
9A Authorisations in an emergency—Ministerial authorisations
9B Authorisations in an emergency—Ministers unavailable
9C Authorisations in an emergency—Attorney General unavailable
9D Authorisations in an emergency—imminent risk to safety of an Australian person
10 Period during which authorisation given under section 9 has effect etc.
10AA Additional requirements for class authorisations
10A Agency heads must report on authorised activities
11 Limits on agencies’ functions
12 Limits on agencies’ activities
12A Special responsibilities of Director and Directors General
Division 2—Cooperation
13 Cooperation with other authorities in connection with performance of agency’s own functions
13A Cooperation with intelligence agencies etc. in connection with performance of their functions
Division 3—Activities undertaken in relation to ASIO
13B Activities undertaken in relation to ASIO
13C Authorised persons for activities undertaken in relation to ASIO
13D Certain acts not permitted
13E Director General of ASIS to be satisfied of certain matters
13F Other matters relating to activities undertaken in relation to ASIO
13G Guidelines relating to activities undertaken in relation to ASIO
Division 4—Other
14 Liability for certain acts
15 Rules to protect privacy of Australians
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Part 3—Establishment of ASIS and role of Director General of ASIS
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Division 1—Establishment and control of ASIS
16 Establishment of ASIS on a statutory basis
17 Appointment of Director General of ASIS
18 Control of ASIS
19 Briefing the Leader of the Opposition about ASIS
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Division 2—Administrative provisions relating to the Director General of ASIS
20 Period of appointment
21 Remuneration etc.
22 Resignation
23 Termination of appointment
24 Acting Director General of ASIS
25 Outside employment
27 Delegation
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Part 3A—Establishment of ASD and role of Director General of ASD
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Division 1—Establishment and control of ASD
27A Establishment of ASD on a statutory basis
27B Appointment of Director General of ASD
27C Control of ASD
27D Briefing the Leader of the Opposition about ASD
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Division 2—Administrative provisions relating to the Director General of ASD
27E Basis and period of appointment
27F Remuneration
27G Resignation
27H Termination of appointment
27J Acting appointments
27K Leave of absence
27L Outside employment
27M Other terms and conditions
27N Delegation by Director General of ASD
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Part 4—Committee on Intelligence and Security
28 Committee on Intelligence and Security
29 Functions of the Committee
30 Agency heads and Inspector General of Intelligence and Security to brief the Committee
31 Annual report
32 Schedule 1
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Part 5—Staff of ASIS
33 Employment of staff
34 Engagement of consultants
35 Applicability of principles of Public Service Act 1999
36 Special provisions relating to existing staff
36A Voluntary moves to APS
37 Staff grievances
38 Application of Crimes Act
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Part 5A—Staff of ASD
38A Employment of staff
38B Consultants
38C Contracted service providers
38D Secondment of employees of ASD
38E Secondment of persons to ASD
38F Applicability of principles of the Public Service Act 1999
38G Voluntary moves to APS
38H Staff grievances
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Part 6—Miscellaneous
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Division 1—Secrecy
39 Communication of certain information—ASIS
39A Communication of certain information—AGO
40 Communication of certain information—ASD
40B Communication of certain information—DIO
40C Unauthorised dealing with records—ASIS
40D Unauthorised recording of information or matter—ASIS
40E Unauthorised dealing with records—AGO
40F Unauthorised recording of information or matter—AGO
40G Unauthorised dealing with records—ASD
40H Unauthorised recording of information or matter—ASD
40L Unauthorised dealing with records—DIO
40M Unauthorised recording of information or matter—DIO
41 Publication of identity of staff
41A Offences against this Division—general rules
41B Offences against this Division—IGIS officials
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Division 2—Other matters
41C Rules to protect privacy of Australians—DIO
42 Annual report—ASIS
42A Annual report—ASD
43 Regulations
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Schedule 1—Committee on Intelligence and Security
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Part 1A—Preliminary
1A Definitions
1B Application of provisions of Schedule to subcommittees
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Part 1—Procedure
1 Committee must not require certain information to be disclosed
2 Power to obtain information and documents
3 Provision of information to Committee by agencies
4 Certificates by Minister
5 Evidence
6 Publication of evidence or contents of documents
7 Restrictions on disclosure to Parliament
8 Continuance of evidence
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Part 2—Offences
9 Offences relating to publishing or disclosing evidence or documents
10 Offences relating to giving evidence or producing documents
11 Protection of witnesses
12 Secrecy
13 Prosecution of offences
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Part 3—Administration
14 Appointment of members
15 Term of office
16 Chair
16A Deputy Chair
17 Meetings
18 Quorum
19 Voting at meetings
20 Proceedings
21 Staff of the Committee must be cleared for security purposes
22 Protection of information and documents
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Part 4—Subcommittees
23 Subcommittees
24 Term of office
25 Operation of subcommittees
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Schedule 2—Activities excepted under subsection 6(5) of the Act
1 Provision of weapons, training etc.
2 Application of certain State and Territory laws
3 Reports to Inspector General of Intelligence and Security
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Schedule 3—Activities excepted under subsection 6(5A) of the Act
1 Provision of weapons, training etc.
2 Guidelines for the purposes of this Schedule
3 Application of certain State and Territory laws
4 Reports to Inspector General of Intelligence and Security
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history