Commonwealth Consolidated Acts

INTELLIGENCE SERVICES ACT 2001 - SCHEDULE 2

1   Provision of weapons, training etc.

             (1)  The provision of a weapon, or training in the use of a weapon or in self-defence techniques, is not prevented by subsection 6(4) if it is provided:

                     (a)  to a person who is a staff member or agent of ASIS; and

                     (b)  for the purpose of enabling the person:

                              (i)  to protect himself or herself; or

                             (ii)  to protect a staff member or agent of ASIS; or

                            (iii)  to protect a person who is co-operating with ASIS in accordance with section 13; or

                            (iv)  to provide training to staff members or agents of ASIS; and

                     (c)  in accordance with a Ministerial approval given under subclause (3).

             (2)  The use of a weapon or self-defence techniques is not prevented by subsection 6(4) if:

                     (a)  the weapon or techniques are used:

                              (i)  for a purpose covered by paragraph (1)(b); or

                             (ii)  in training in accordance with subclause (1); and

                     (b)  in a case covered by any of subparagraphs (1)(b)(i) to (iii)--the weapon or techniques are used outside Australia; and

                     (c)  guidelines have been issued by the Director-General under subclause (6); and

                     (d)  the weapon or techniques are used in compliance with those guidelines.

             (3)  The Minister may, by written notice given to the Director-General, approve the provision of a weapon, or training in the use of a weapon or in self-defence techniques, to:

                     (a)  a specified staff member or agent of ASIS; or

                     (b)  the holder of a specified position in ASIS.

             (4)  An approval for the provision of a weapon or training must specify:

                     (a)  the purpose for which the weapon or training is provided; and

                     (b)  any conditions that must be complied with in relation to the provision of the weapon or training; and

                     (c)  if the approval is for the provision of a weapon or training in the use of a weapon--the kind or class of weapon involved.

             (5)  As soon as practicable after giving the Director-General an approval, the Minister must give the Inspector-General of Intelligence and Security a copy of the approval.

             (6)  The Director-General must issue guidelines for the purposes of this Schedule on matters related to the use of weapons and self-defence techniques.

             (7)  As soon as practicable after making the guidelines, the Director-General must give the Inspector-General of Intelligence and Security a copy of the guidelines.

             (8)  Guidelines issued under subclause (6) are not legislative instruments.

2   Application of certain State and Territory laws

                   A staff member or agent of ASIS is not required under, or by reason of, a law of a State or Territory:

                     (a)  to obtain or have a licence or permission for doing any act or thing in accordance with clause 1; or

                     (b)  to register any weapon provided in accordance with clause 1.

3   Reports to Inspector-General of Intelligence and Security

                   If:

                     (a)  a staff member or agent of ASIS uses a weapon for a purpose mentioned in any of subparagraphs 1(1)(b)(i) to (iii); and

                     (b)  during that use the weapon is discharged;

the Director-General must, as soon as practicable, give to the Inspector-General of Intelligence and Security a written report of the discharge which explains the circumstances in which the discharge occurred.