Federal Register of Legislation - Australian Government

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SR 2003 No. 233 Regulations as made
These Regulations amend the Australian Security Intelligence Organisation Regulations.
Administered by: Attorney-General's
General Comments: This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003
Registered 01 Jan 2005
Tabling HistoryDate
Tabled HR18-Sep-2003
Tabled Senate18-Sep-2003
Gazetted 18 Sep 2003
Date of repeal 09 Apr 2013
Repealed by Attorney-General's (Spent and Redundant Instruments) Repeal Regulation 2013

Australian Security Intelligence Organization Amendment Regulations 2003 (No. 1)1

Statutory Rules 2003 No. 2332

I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Australian Security Intelligence Organisation Act 1979.

Dated 11 September 2003

P. M. JEFFERY

Governor-General

By His Excellency’s Command

DARYL WILLIAMS


1              Name of Regulations

                These Regulations are the Australian Security Intelligence Organization Amendment Regulations 2003 (No. 1).

2              Commencement

                These Regulations commence on gazettal.

3              Amendment of Australian Security Intelligence Organization Regulations

                Schedule 1 amends the Australian Security Intelligence Organization Regulations.


Schedule 1        Amendments

(regulation 3)

  

[1]           Regulation 1

substitute

1              Name of Regulations

                These Regulations are the Australian Security Intelligence Organisation Regulations 1980.

[2]           After regulation 3

insert

3A           Communication by legal advisers of information relating to person specified in a warrant (Act s 34U)

                For subsection 34U (10) of the Act and subject to subsection 34U (11) of the Act, the prescribed authority must not authorise a legal adviser of a person (the subject) specified in a warrant issued under section 34D of the Act to communicate to any other person information obtained during the questioning or detention of the subject that relates to:

                (a)    sources or holdings of intelligence; or

               (b)    the Organisation’s method of operations.

Note   A legal adviser who communicates such information without authorisation commits an offence under subsection 34U (7) of the Act.

3B           Lawyers’ access to security information for proceedings relating to warrant (Act s 34VA)

         (1)   For section 34VA of the Act, access to security information must not be given to a lawyer unless:

                (a)    the Attorney-General’s Department has given the lawyer a security clearance at the level considered appropriate by the Secretary in relation to the information; or

               (b)    the Secretary is satisfied that giving the lawyer access to the information would not be prejudicial to the interests of security.

         (2)   Access to security information may be given subject to any conditions that the Secretary considers appropriate including, but not limited to, conditions relating to the use, handling, storage or disclosure of the information.

         (3)   Nothing in this regulation entitles a lawyer who is given a security clearance by the Attorney-General’s Department to be given access to security information.

         (4)   In this regulation:

lawyer means a lawyer acting for a person in connection with proceedings for a remedy relating to:

                (a)    a warrant issued under section 34D of the Act in relation to the person; or

               (b)    the treatment of the person in connection with such a warrant.

Secretary means the Secretary of the Attorney-General’s Department.

security information means information access to which is controlled or limited on security grounds, otherwise than by this regulation.


Notes

1.       These Regulations amend Statutory Rules 1980 No. 138, as amended by 1990 No. 308; 1993 No. 240.

2.       Notified in the Commonwealth of Australia Gazette on 18 September 2003.