Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
1998-99
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Australian
Security Intelligence Organisation Legislation Amendment Bill
1999
No. ,
1999
(Attorney-General)
A
Bill for an Act to amend the Australian Security Intelligence Organization
Act 1979 and certain other Acts, and for related
purposes
ISBN: 0642 391475
Contents
Part 1—Australian Security Intelligence Organization Act
1979 3
Part 2—Application and transitional
provisions 25
Part
1—Amendments 26
Australian Security Intelligence Organization Act
1979 26
Part
2—Application 31
Part 1—Amendment of various
Acts 32
Acts Interpretation Act
1901 32
Administrative Appeals Tribunal Act
1975 32
Administrative Decisions (Judicial Review) Act
1977 33
Archives Act
1983 33
Australian Postal Corporation Act
1989 33
Australian Radiation Protection and Nuclear Safety Act
1998 33
Australian Security Intelligence Organization Act
1979 33
Crimes Act
1914 34
Customs Act
1901 34
Disability Discrimination Act
1992 34
Freedom of Information Act
1982 34
Human Rights and Equal Opportunity Commission Act
1986 34
Human Rights and Responsibilities Commission Act
1986 34
Inspector-General of Intelligence and Security Act
1986 35
Legislative Instruments Act
1999 35
Merit Protection (Australian Government Employees) Act
1984 35
Migration Act
1958 35
National Crime Authority Act
1984 36
Occupational Health and Safety (Commonwealth Employment) Act
1991 36
Privacy Act
1988 36
Public Service Act
1922 36
Remuneration and Allowances Act
1990 37
Remuneration Tribunal Act
1973 37
Sex Discrimination Act
1984 37
Telecommunications Act
1997 37
Telecommunications (Interception) Act
1979 37
Part 2—Other
amendments 40
Telecommunications (Interception) Act
1979 40
A Bill for an Act to amend the Australian Security
Intelligence Organization Act 1979 and certain other Acts, and for related
purposes
The Parliament of Australia enacts:
This Act may be cited as the Australian Security Intelligence
Organisation Legislation Amendment Act 1999.
(1) This Act (other than Schedule 3) commences on the day on which it
receives the Royal Assent.
Schedule 3
(2) Subject to subsections (3) to (6), Schedule 3 commences immediately
after the commencement of the other Schedules to this Act.
Item 20 of Schedule 3
(3) If the Australian Radiation Protection and Nuclear Safety Act
1998 has not commenced before the day on which this Act receives the Royal
Assent, item 20 of Schedule 3 to this Act commences immediately after the
Australian Radiation Protection and Nuclear Safety Act 1998
commences.
Item 29 of Schedule 3
(4) If the Human Rights Legislation Amendment Act (No. 2) 1999 has
commenced before the day on which this Act receives the Royal Assent, item 29 of
Schedule 3 to this Act does not commence.
Item 30 of Schedule 3
(5) However, if the Human Rights Legislation Amendment Act (No. 2) 1999
has not commenced before that day, item 30 of Schedule 3 to this Act does
not commence.
Item 38 of Schedule 3
(6) If the Legislative Instruments Act 1999 has not commenced
before the day on which this Act receives the Royal Assent, item 38 of Schedule
3 to this Act commences immediately after the Legislative Instruments Act
1999 commences.
Subject to section 2, each Act that is specified in a Schedule to this
Act is amended or repealed as set out in the applicable items in the Schedule
concerned, and any other item in a Schedule to this Act has effect according to
its terms.
Part
1—Australian Security
Intelligence Organization Act 1979
1 Section 4 (subparagraph (a)(iv) of the
definition of permanent resident)
Omit “illegal entrant”, substitute “unlawful
non-citizen”.
2 Section 14
Omit “Governor-General” (wherever appearing), substitute
“Minister”.
3 After paragraph 17(1)(c)
Insert:
(ca) to furnish security assessments to a State or an authority of a State
in accordance with paragraph 40(1)(b);
4 Paragraph 17(1)(e)
After “section 27A”, insert “or 27B”.
5 After section 17
Insert:
(1) The Director-General may determine in writing that fees are payable by
persons for the giving of advice or the provision of services by the
Organisation to the persons at their request.
(2) Unless the Director-General determines otherwise, the Organisation may
refuse to give the advice, or provide the service, to a person until the fee is
paid in whole or part. If the whole or part of the fee is not paid before the
advice is given or the service is provided, the amount concerned is a debt due
to the Commonwealth and may be recovered by the Commonwealth in a court of
competent jurisdiction.
(3) The amount of the fee must not exceed the reasonable costs to the
Organisation of giving the advice or providing the service.
(4) The Director-General may, on application in writing by a person who is
or will be required to pay a fee, if the Director-General considers it
appropriate in the circumstances:
(a) not require the person to pay any of the fee; or
(b) require the person to pay only a specified part of the fee.
6 Paragraph 18(3)(c)
Repeal the paragraph, substitute:
(b) where the information has come into the possession of the Organisation
outside Australia or concerns matters outside Australia and the Director-General
or the officer so authorised is satisfied that the national interest requires
the communication—the information may be communicated to:
(i) a Minister; or
(ii) a Department; or
(iii) an intelligence or security agency; or
(iv) an officer of a Police Force of a State or Territory; or
(v) a member or special member of the Australian Federal Police;
or
(vi) a member, or a member of the staff, of the National Crime
Authority.
7 Section 22
Insert:
carrier means:
(a) a carrier within the meaning of the Telecommunications Act
1997; or
(b) a carriage service provider within the meaning of that Act.
8 Section 22
Insert:
computer means a computer, a computer system or part of a
computer system.
9 Section 22
Insert:
data includes information, a computer program or part of a
computer program.
10 Section 22
Insert:
telecommunications facility means a facility within the
meaning of section 7 of the Telecommunications Act 1997.
11 Subsection 24(1)
After “relevant warrants”, insert “or relevant device
recovery provisions”.
Note: The heading to section 24 is altered by adding
“etc.” after “warrants”.
12 Subsection 24(2)
After “relevant warrant”, insert “or relevant device
recovery provision”.
13 Subsection 24(3)
Insert:
relevant device recovery provision means subsection 26(6A),
26B(7), 26C(7), 27A(3A) or (3B).
14 Subsection 24(3) (definition of relevant
warrant)
Omit “section 25, 26, 27, 27A or 29”, substitute “section
25, 25A, 26, 26B, 26C, 27, 27A, 27AA or 29”.
15 Subsection 24(3) (paragraph (b) of the
definition of senior officer of the Organization)
Omit “Manager (Senior Officer Grade A)”, substitute
“Coordinator”.
16 Section 25
Repeal the section, substitute:
Issue of search warrant
(1) If the Director-General requests the Minister to do so, and the
Minister is satisfied as mentioned in subsection (2), the Minister may issue a
warrant in accordance with this section.
Test for issue of warrant
(2) The Minister is only to issue the warrant if he or she is satisfied
that there are reasonable grounds for believing that access by the Organisation
to records or other things on particular premises (the subject
premises) will substantially assist the collection of intelligence in
accordance with this Act in respect of a matter (the security
matter) that is important in relation to
security.
Authorisation in warrant
(3) The warrant must be signed by the Minister and must authorise the
Organisation to do specified things, subject to any restrictions or conditions
specified in the warrant, in relation to the subject premises, which must also
be specified in the warrant.
Things that may be specified in warrant
(4) The things that may be specified are any of the following that the
Minister considers appropriate in the circumstances:
(a) entering the subject premises;
(b) searching the subject premises for the purpose of finding records or
other things relevant to the security matter and, for that purpose, opening any
safe, box, drawer, parcel, envelope or other container in which there is
reasonable cause to believe that any such records or other things may be
found;
(c) inspecting or otherwise examining any records or other things so
found, and making copies or transcripts of any such record or other thing
that appears to be relevant to the collection of intelligence by the
Organisation in accordance with this Act;
(d) removing and retaining for such time as is reasonable any record or
other thing so found, for the purposes of:
(i) inspecting or examining it; and
(ii) in the case of a record—making copies or transcripts of it, in
accordance with the warrant;
(e) any thing reasonably necessary to conceal the fact that any thing has
been done under the warrant;
(f) any other thing reasonably incidental to any of the above.
Other things that may be specified
(5) The Minister may also specify any of the following things if he or she
considers it appropriate in the circumstances:
(a) where there is reasonable cause to believe that data relevant to the
security matter may be accessible by using a computer or other electronic
equipment found on the subject premises—using the computer or other
electronic equipment for the purpose of obtaining access to any such data and to
assist in that purpose, adding, deleting or altering other data in the computer
or other electronic equipment;
(b) using the computer or other electronic equipment to do any of the
following:
(i) inspecting and examining any data to which access has been
obtained;
(ii) converting any data to which access has been obtained, that appears
to be relevant to the collection of intelligence by the Organisation in
accordance with this Act, into documentary form and removing any such
document;
(iii) copying any data to which access has been obtained, that appears to
be relevant to the collection of intelligence by the Organisation in accordance
with this Act, to a storage device and removing the storage device;
(c) any thing reasonably necessary to conceal the fact that any thing has
been done under the warrant;
(d) any other thing reasonably incidental to any of the above.
Certain acts not authorised
(6) Subsection (5) does not authorise the addition, deletion or alteration
of data, or the doing of any thing, that interferes with, interrupts or
obstructs the lawful use of the computer or other electronic equipment by other
persons, or that causes any loss or damage to other persons lawfully using the
computer or other electronic equipment.
Authorisation of entry measures
(7) The warrant must:
(a) authorise the use of any force that is necessary and reasonable to do
the things specified in the warrant; and
(b) state whether entry is authorised to be made at any time of the day or
night or during stated hours of the day or night.
Statement about warrant coming into force
(8) The warrant may state that it comes into force on a specified day
(after the day of issue) or when a specified event happens. The day must not
begin nor the event happen more than 28 days after the end of the day on which
the warrant is issued.
When warrant comes into force
(9) If the warrant includes such a statement, it comes into force at the
beginning of the specified day or when the specified event happens. Otherwise,
it comes into force when it is issued.
Duration of warrant
(10) The warrant must specify the period during which it is to be in
force. The period must not be more than 28 days, although the Minister may
revoke the warrant before the period has expired.
Issue of further warrants not prevented
(11) Subsection (10) does not prevent the issue of any further
warrant.
Issue of computer access warrant
(1) If the Director-General requests the Minister to do so, and the
Minister is satisfied as mentioned in subsection (2), the Minister may issue a
warrant in accordance with this section.
Test for issue of warrant
(2) The Minister is only to issue the warrant if he or she is satisfied
that there are reasonable grounds for believing that access by the Organisation
to data held in a particular computer (the target computer) will
substantially assist the collection of intelligence in accordance with this Act
in respect of a matter (the security matter) that is
important in relation to security.
Authorisation in warrant
(3) The warrant must be signed by the Minister and must authorise the
Organisation to do specified things, subject to any restrictions or conditions
specified in the warrant, in relation to the target computer, which must also be
specified in the warrant.
Things that may be authorised in warrant
(4) The things that may be specified are any of the following that the
Minister considers appropriate in the circumstances:
(a) using:
(i) a computer; or
(ii) a telecommunications facility operated or provided by the
Commonwealth or a carrier; or
(iii) any other electronic equipment;
for the purpose of obtaining access to data that is relevant to the
security matter and is stored in the target computer and, to assist in that
purpose, adding, deleting or altering data in the target computer;
(b) copying any data to which access has been obtained, that appears to be
relevant to the collection of intelligence by the Organisation in accordance
with this Act;
(c) any thing reasonably necessary to conceal the fact that any thing has
been done under the warrant;
(d) any other thing reasonably incidental to any of the above.
Note: As a result of the warrant, an ASIO officer who, by
means of a telecommunications facility, obtains access to data stored in the
target computer etc. will not commit an offence under section 76D or 76E of the
Crimes Act 1914 or equivalent State or Territory laws (provided that the
ASIO officer acts within the authority of the warrant).
Certain acts not authorised
(5) Subsection (4) does not authorise the addition, deletion or alteration
of data, or the doing of any thing, that interferes with, interrupts or
obstructs the lawful use of the target computer by other persons, or that causes
any loss or damage to other persons lawfully using the target
computer.
Duration of warrant
(6) The warrant must specify the period during which it is to remain in
force. The period must not be more than 6 months, although the Minister may
revoke the warrant before the period has expired.
Issue of further warrants not prevented
(7) Subsection (6) does not prevent the issue of any further
warrant.
17 Subsection 26(3)
Omit “under his or her hand”, substitute “signed by the
Minister”.
18 Subsection 26(3)
Omit “maintaining, using or recovering”, substitute
“maintaining or using”.
19 Subsection 26(4)
Omit “under his or her hand”, substitute “signed by the
Minister”.
20 Subsection 26(4)
Omit “maintaining, using or recovering”, substitute
“maintaining or using”.
21 Subsection 26(5)
Repeal the subsection, substitute:
(5) The warrant must:
(a) authorise the use of any force that is necessary and reasonable to do
the things mentioned in subsections (3) and (4); and
(b) state whether entry is authorised to be made at any time of the day or
night or during stated hours of the day or night.
22 After subsection 26(6)
Insert:
(6A) If a listening device is installed in accordance with the warrant,
the Organisation is authorised to do any of the following:
(a) enter any premises for the purpose of recovering the listening
device;
(b) recover the listening device;
(c) use any force that is necessary and reasonable to do either of the
above;
at the following time:
(d) at any time while the warrant is in force or within 28 days after it
ceases to be in force;
(e) if the listening device is not recovered at a time mentioned in
paragraph (d)—at the earliest time, after the 28 days mentioned in that
paragraph, at which it is reasonably practicable to do the things
concerned.
23 After section 26
Insert:
Unlawful use of tracking devices
(1) Subject to subsection (2), it is unlawful for an officer, employee or
agent of the Organisation to use a tracking device for the purpose of tracking a
person or an object. It is the duty of the Director-General to take all
reasonable steps to ensure that this subsection is not contravened.
Note: Tracking device, track
and object are defined in subsection (3).
Lawful use of tracking device
(2) Despite any law of a State or Territory, an officer, employee or agent
of the Organisation does not act unlawfully, by using, for the purposes of the
Organisation, a tracking device for the purpose of tracking a person or an
object if:
(a) the person, or the person using the object, consents to it being done;
or
(b) the officer, employee or agent of the Organisation does so in
accordance with a warrant issued under section 26B or 26C.
Definitions
(3) In this section:
apply includes attach to or place on or in.
object means:
(a) a vehicle, aircraft, vessel or other means of transportation; or
(b) clothing or any other thing worn; or
(c) any other thing.
track an object or person means be aware of the movement of
the object or person from place to place.
tracking device means a device or substance that, when
applied to an object, enables a person to track the object or a person using or
wearing the object.
Issue of warrant
(1) If the Director-General requests the Minister to do so, and the
Minister is satisfied as mentioned in subsection (2), the Minister may issue a
warrant in accordance with this section.
Test for issue of warrant
(2) The Minister is only to issue the warrant if he or she is satisfied
that:
(a) a person (the subject) is engaged in, or reasonably
suspected by the Director-General of being engaged in or of being likely to
engage in, activities prejudicial to security; and
(b) the use by the Organisation of a tracking device applied to any object
(a target object) used or worn, or likely to be used
or worn, by the subject to enable the Organisation to track the subject will, or
is likely to, assist the Organisation in carrying out its function of obtaining
intelligence relevant to security.
Note: Tracking device, track,
object and apply are defined in subsection
26A(3).
Authorisation in warrant
(3) The warrant:
(a) must be signed by the Minister; and
(b) must authorise the Organisation, subject to any restrictions or
conditions specified in the warrant, to use a tracking device applied to a
target object for the purpose of tracking the subject, who must be specified in
the warrant; and
(c) may authorise the Organisation to:
(i) enter any premises in which a target object is or is likely to be
found, for the purpose of applying a tracking device to the target object, or
using or maintaining a tracking device so applied; and
(ii) enter or alter a target object, for the purpose of applying, using or
maintaining a tracking device; and
(iii) apply a tracking device to a target object; and
(iv) maintain a tracking device applied to a target object; and
(v) any other thing reasonably incidental to any of the above.
Authorisation of entry measures
(4) The warrant must:
(a) authorise the use of any force that is necessary and reasonable to do
the things specified in the warrant; and
(b) state whether entry is authorised to be made at any time of the day or
night or during stated hours of the day or night.
Duration of warrant
(5) The warrant must specify the period during which it is to remain in
force. The period must not be more than 6 months, although the Minister may
revoke the warrant before the period has expired.
Issue of further warrants not prevented
(6) Subsection (5) does not prevent the issue of any further
warrant.
Tracking device may be recovered
(7) If a tracking device is applied to a target object in accordance with
the warrant, the Organisation is authorised to do any of the
following:
(a) enter any premises in which the target object is or is likely to be
found, for the purpose of recovering the tracking device;
(b) enter or alter the target object for the purpose of recovering the
tracking device;
(c) recover the tracking device;
(d) use any force that is necessary and reasonable to do any of the
above;
at the following time:
(e) at any time while the warrant is in force or within 28 days after it
ceases to be in force;
(f) if the tracking device is not recovered at a time mentioned in
paragraph (e)—at the earliest time, after the 28 days mentioned in that
paragraph, at which it is reasonably practicable to do the things
concerned.
Interpretation
(8) Expressions used in this section that are also used in section 26A
have the same meanings as in that section.
Issue of warrant
(1) If the Director-General requests the Minister to do so, and the
Minister is satisfied as mentioned in subsection (2), the Minister may issue a
warrant in accordance with this section.
Test for issue of warrant
(2) The Minister is only to issue the warrant if he or she is satisfied
that:
(a) an object (the target object) is used or
worn, or likely to be used or worn by a person (whether or not his or her
identity is known) engaged in or reasonably suspected by the Director-General of
being engaged in or of being likely to engage in, activities prejudicial to
security; and
(b) the use by the Organisation of a tracking device applied to the target
object to enable the Organisation to track the target object will, or is likely
to, assist the Organisation in carrying out its function of obtaining
intelligence relevant to security.
Note: Tracking device, track,
object and apply are defined in subsection
26A(3).
Authorisation in warrant
(3) The warrant:
(a) must be signed by the Minister; and
(b) must authorise the Organisation, subject to any restrictions or
conditions specified in the warrant, to use a tracking device applied to the
target object for the purpose of tracking the target object which must be
specified in the warrant; and
(c) may authorise the Organisation to:
(i) enter any premises specified in the warrant in which the target object
is, or is likely to be, found, for the purpose of applying a tracking device to
the target object, or maintaining or using a tracking device so applied;
and
(ii) enter or alter the target object, for the purpose of applying,
maintaining or using a tracking device; and
(iii) apply a tracking device to the target object; and
(iv) maintain a tracking device applied to the target object;
and
(v) any other thing reasonably incidental to any of the above.
Authorisation of entry measures
(4) The warrant must:
(a) authorise the use of any force that is necessary and reasonable to do
the things specified in the warrant; and
(b) state whether entry is authorised to be made at any time of the day or
night or during stated hours of the day or night.
Duration of warrant
(5) The warrant must specify the period during which it is to remain in
force. The period must not be more than 6 months, although the Minister may
revoke the warrant before the period has expired.
Issue of further warrants not prevented
(6) Subsection (5) does not prevent the issue of any further
warrant.
Tracking device may be recovered
(7) If a tracking device is applied to a target object in accordance with
the warrant, the Organisation is authorised to do any of the
following:
(a) enter any premises in which the target object is or is likely to be
found, for the purpose of recovering the tracking device;
(b) enter or alter the target object for the purpose of recovering the
tracking device;
(c) recover the tracking device;
(d) use any force that is necessary and reasonable to do any of the
above;
at the following time:
(e) at any time while the warrant is in force or within 28 days after it
ceases to be in force;
(f) if the tracking device is not recovered at a time mentioned in
paragraph (e)—at the earliest time, after the 28 days mentioned in that
paragraph, at which it is reasonably practicable to do the things
concerned.
Interpretation
(8) Expressions used in this section that are also used in section 26A
have the same meanings as in that section.
24 After section 27
Insert:
Unlawful access to delivery service articles
(1) It is unlawful for:
(a) an officer, employee or agent of the Organisation, for the purposes of
the Organisation, to seek from a delivery service provider or from an employee
or agent of a delivery service provider; or
(b) a delivery service provider or an employee or agent of a delivery
service provider to give an officer, employee or agent of the Organisation, for
the purposes of the Organisation;
access to:
(c) an article that is being delivered by the delivery service provider;
or
(d) information concerning the contents or cover of any such
article;
except in accordance with, or for the purposes of, a warrant under this
Division. It is the duty of the Director-General to take all reasonable steps to
ensure that this subsection is not contravened.
Note: Delivery service provider, agent
and article are defined in subsection
(12).
Issue of delivery services warrant
(2) If the Director-General requests the Minister to do so, and the
Minister is satisfied as mentioned in subsection (3) or (6), the Minister may
issue a warrant in accordance with this section.
Test 1 for issue of warrant
(3) The Minister may issue a warrant if he or she is satisfied
that:
(a) a person (the subject) is engaged in or is
reasonably suspected by the Director-General of being engaged in, or of being
likely to engage in, activities prejudicial to security; and
(b) access by the Organisation to articles sent by or on behalf of,
addressed to or intended to be received by, the subject while the articles are
being delivered by a delivery service provider, will, or is likely to, assist
the Organisation in carrying out its function of obtaining intelligence relevant
to security.
Authorisation in warrant
(4) The warrant must be signed by the Minister and must authorise the
Organisation to do specified things, subject to any restrictions or
conditions specified in the warrant, in relation to articles that:
(a) are being delivered by the delivery service provider; and
(b) in respect of which any of the following are satisfied:
(i) the articles have been sent by or on behalf of the subject, who
must be specified in the warrant, or addressed to the subject; or
(ii) the articles are reasonably suspected, by a person authorised to
exercise the authority of the Organisation under the warrant, of having been so
sent or addressed; or
(iii) the articles are intended to be received by the subject, who must be
specified in the warrant, or are reasonably suspected, by a person authorised to
exercise the authority of the Organisation under the warrant, of being intended
to be received by the subject.
Things that may be specified for a warrant issued under subsection
(3)
(5) The things that may be specified are any of the following that the
Minister considers appropriate in the circumstances:
(a) inspecting or making copies of the articles or the covers of the
articles;
(b) opening the articles;
(c) inspecting and making copies of the contents of the
articles;
(d) any other thing reasonably incidental to any of the above.
Test 2 for issue of warrant
(6) The Minister may issue a warrant if he or she is satisfied
that:
(a) some or all of the articles that are being, or are likely to be, sent
by a delivery service provider to an address (the subject address)
are, or will be intended to be, received by a person (the
subject) (whether of known identity or not) engaged
in, or reasonably suspected by the Director-General of being engaged in, or of
being likely to engage in, activities prejudicial to security; and
(b) access by the Organisation to articles sent to, or intended to be
received by, the subject while the articles are being delivered by a delivery
service provider will, or is likely to, assist the Organisation in carrying out
its function of obtaining intelligence relevant to security.
Authorisation in warrant
(7) The warrant must be signed by the Minister and must authorise the
Organisation to do specified things, subject to any restrictions or conditions
specified in the warrant, in relation to articles that:
(a) are being delivered by the delivery service provider; and
(b) are addressed to the subject address, which must be specified
in the warrant; and
(c) appear on their face to be, or are reasonably suspected by a person
authorised to exercise the authority of the Organisation under the warrant to
be, intended to be received by the subject.
Things that may be specified for warrant issued under subsection
(6)
(8) The things that may be specified are any of the following that the
Minister considers appropriate in the circumstances:
(a) inspecting or making copies of any of the articles or the covers of
the articles;
(b) opening any of the articles;
(c) inspecting and making copies of the contents of any of the
articles;
(d) any other thing reasonably incidental to any of the above.
Duration of warrant
(9) A warrant issued under this section must specify the period during
which it is to remain in force. The period must not be more than 90 days,
although the Minister may revoke the warrant before the period has
expired.
Issue of further warrants not prevented
(10) Subsection (9) does not prevent the issue of any further
warrant.
Definitions
(11) To avoid doubt, the expression deliver an article
includes any thing done by the deliverer, for the purpose of delivering the
article, from the time when the article is given to the deliverer by the sender
until it is given by the deliverer to the recipient.
(12) In this section:
agent, in relation to a delivery service provider,
includes:
(a) any person performing services for the delivery service provider
otherwise than under a contract of service; and
(b) an employee of the person mentioned in paragraph (a).
article means any object reasonably capable of being sent
through the post.
delivery service provider means a person whose business is or
includes delivering articles.
25 Paragraph 27A(1)(a)
Omit “or a person”, substitute “, a person, a computer or
a thing”.
26 Paragraph 27A(1)(a)
Omit “25(1), 26(3) or (4) or 27(2) or (3)”, substitute
“25(4) or (5), 25A(4), 26(3) or (4), 26B(3), 26C(3), 27(2) or (3) or
27AA(5) or (8)”.
27 Subsection 27A(1)
Omit “or that person”, substitute “, that person, that
computer or those things”.
28 Subsection 27A(2)
Repeal the subsection, substitute:
(2) The warrant must:
(a) authorise the use of any force that is necessary and reasonable to do
the things mentioned in subsection (1); and
(b) state whether entry is authorised to be made at any time of the day or
night or during stated hours of the day or night.
29 Paragraph 27A(3)(a)
Omit “25(1)—7 days”, substitute “25(4) or
(5)—28 days”.
30 Paragraph 27A(3)(b)
Omit “26(3) or (4)”, substitute “25A(4), 26(3) or (4),
26B(3) or 26C(3)”.
31 Paragraph 27A(3)(c)
After “27(2) or (3)”, insert “or 27AA(5) or
(8)”.
32 After subsection 27A(3)
Insert:
(3A) If a listening device is installed in accordance with a warrant under
this section authorising the doing of acts referred to in subsection 26(3) or
(4), the Organisation is authorised to do any of the following:
(a) enter any premises for the purpose of recovering the listening
device;
(b) recover the listening device;
(c) use any force that is necessary and reasonable to do either of the
above;
at the following time:
(d) at any time while the warrant is in force or within 28 days after it
ceases to be in force;
(e) if the listening device is not recovered at a time mentioned in
paragraph (d)—at the earliest time, after the 28 days mentioned in that
paragraph, at which it is reasonably practicable to do the things
concerned.
(3B) If a tracking device is applied to a target object in accordance with
a warrant under this section authorising the doing of acts referred to in
subsection 26B(3) or 26C(3), the Organisation is authorised to do any of the
following:
(a) enter any premises in which the target object is or is likely to be
found, for the purpose of recovering the tracking device;
(b) enter or alter the target object for the purpose of recovering the
tracking device;
(c) recover the tracking device;
(d) use any force that is necessary and reasonable to do any of the
above;
at the following time:
(e) at any time while the warrant is in force or within 28 days after it
ceases to be in force;
(f) if the tracking device is not recovered at a time mentioned in
paragraph (e)—at the earliest time, after the 28 days mentioned in that
paragraph, at which it is reasonably practicable to do the things
concerned.
33 After section 27A
Insert:
If:
(a) the Director-General gives a notice in writing to the Minister
requesting the Minister to authorise the Organisation to obtain foreign
intelligence in relation to a matter specified in the notice; and
(b) the Minister is satisfied, on the basis of advice received from the
relevant Minister, that the collection of foreign intelligence relating to that
matter is important in relation to the defence of the Commonwealth or to the
conduct of the Commonwealth’s international affairs;
the Minister may, by writing signed by the Minister, authorise the
Organisation to obtain the intelligence in relation to the matter.
34 Paragraph 29(1)(a)
Omit “section 26”, substitute “section 25, 25A, 26, 26B,
26C, 27 or 27AA”.
35 Subsection 29(1)
Omit “under his or her hand”, substitute “signed by the
Director-General”.
36 Section 30
After “device”, insert “or tracking
device”.
37 Section 35
Insert:
year 2000 Games matters means any matters relating to the
organisation or conduct of any sporting or other event, any ceremony, any
meeting or any other activity, held or proposed to be held (whether or not in
Sydney), as part of or in connection with the Games of the XXVII Olympiad in
Sydney in the year 2000 or the Games of the XIth Paralympiad in Sydney in the
year 2000.
38 Paragraph 36(1)(b)
Omit “subsection 56(1)”, substitute “subsection
202(1)”.
39 Subsection 38(1)
Omit “, the Commonwealth agency”, substitute “or a State
or an authority of a State, the Commonwealth agency, the State or the authority
of the State”.
40 Subsection 38(2)
Omit “under his or her hand”, substitute “signed by the
Attorney-General”.
41 Subsection 40(1)
Repeal the subsection, substitute:
(1) If any prescribed administrative action in respect of a person by a
State or an authority of a State would affect security in connection with
matters within the functions and responsibilities of a Commonwealth agency, it
is within the functions of the Organisation:
(a) in any case—to furnish a security assessment in respect of that
person to the Commonwealth agency, for the purpose of its transmission to the
State or the authority of the State for use in considering that prescribed
administrative action; or
(b) if the prescribed administrative action would affect security in
connection with year 2000 Games matters (see section 35)—to furnish,
before the end of 31 December 2000, a security assessment in respect of that
person to the State or the authority of a State for use in considering that
prescribed administrative action.
42 Paragraph 40(2)(a)
Before “communicate”, insert “subject to paragraph
(1)(b),”.
43 After subsection 90(2)
Insert:
(2A) The regulations may make provision for the establishment of a body,
or for a person, to review actions of the Organisation affecting persons who are
or have been officers or temporary or casual employees, and for the immunity
from civil proceedings of any such body or person in relation to their review of
such actions.
Part
2—Application and
transitional provisions
44 Application of amendments relating to
warrants issued after commencement of this item
The amendments relating to warrants made by this Schedule apply to any
warrant issued after the commencement of this item where the request by the
Director-General for the issue of the warrant is also made after the
commencement of this item.
45 Transitional provisions relating to Acting
Director-General appointed before commencement of this item
(1) If, when this item commences, a person is acting as Director-General
under an instrument of appointment made by the Governor-General before this item
commenced, the person continues to act in accordance with that instrument in
spite of amendments made by this Schedule. However, the instrument ceases to
have effect when the person ceases to act.
(2) In no other circumstance does an instrument of appointment made before
the commencement of this Schedule have affect after the Schedule
commences.
Australian
Security Intelligence Organization Act 1979
1 Subsection 18(2)
(penalty)
Repeal the penalty, substitute:
Penalty: Imprisonment for 2 years.
2 Section 33 (penalty)
Repeal the penalty, substitute:
Penalty: 6 months imprisonment.
3 Subsection 81(1)
(penalty)
Repeal the penalty, substitute:
Penalty: Imprisonment for 2 years.
4 Subsection 92(1)
(penalty)
Repeal the penalty, substitute:
Penalty: Imprisonment for one year.
5 Subsection 92(1A)
(penalty)
Repeal the penalty, substitute:
Penalty: Imprisonment for one year.
6 Subsection 92G(1)
(penalty)
Repeal the penalty, substitute:
Penalty: Imprisonment for 2 years.
7 Subsection 92M(1)
(penalty)
Repeal the penalty, substitute:
Penalty: Imprisonment for 6 months.
8 Subsection 92M(2)
(penalty)
Repeal the penalty, substitute:
Penalty: Imprisonment for 6 months.
9 Subsection 92M(3)
(penalty)
Repeal the penalty, substitute:
Penalty: Imprisonment for 6 months.
10 Subsection 92M(4)
(penalty)
Repeal the penalty, substitute:
Penalty: Imprisonment for 2 years.
11 Section 92Q (penalty)
Repeal the penalty, substitute:
Penalty: Imprisonment for 5 years.
12 Subsection 92S(1)
(penalty)
Repeal the penalty, substitute:
Penalty: Imprisonment for 2 years.
13 Subsections 93(1), (2), (3) and
(4)
Repeal the subsections.
14 Application
The amendments made by this Schedule apply to offences committed after the
commencement of the Schedule.
Part
1—Amendment of various
Acts
1 Amendment of Acts
The specified provisions of the following Acts are amended by:
(a) omitting “Organization” (wherever occurring) and
substituting “Organisation”;
(b) omitting “Organization” (wherever occurring) and
substituting “Organisation”;
(c) omitting “Organization’s” (wherever occurring) and
substituting “Organisation’s”.
2 Subsection 34C(8)
Administrative
Appeals Tribunal Act 1975
3 Subsection 3(1) (definition of security
assessment or assessment)
4 Subsections 19(3B) and
(6)
5 Subsections 21AA(1) and
(3)
6 Subsection 27(1)
7 Subsections 27AA(1) and
(2)
Note: The heading to section 27AA is altered by omitting
“Organization” and substituting
“Organisation”.
8 Paragraphs 29(1)(ca) and
(cb)
9 Subsection 38A(1)
10 Subsections 39A(8) and
(15)
11 Subsection 39B(10)
12 Subsection 43(1A)
13 Subsections 43AAA(3) and
(7)
14 Subsection 66(4) (note)
15 Paragraph 69B(1)(a)
Administrative
Decisions (Judicial Review) Act 1977
16 Paragraph (d) of Schedule 1 (reference to
Australian Security Intelligence Organization Act
1979)
17 Paragraph 29(8)(a)
Australian
Postal Corporation Act 1989
18 Section 90E (definition of
ASIO)
19 Section 90E (definition of ASIO
Act)
Australian
Radiation Protection and Nuclear Safety Act 1998
20 Paragraph 8(2)(b)
Note: For the commencement of this item, see subsection
2(3).
Australian
Security Intelligence Organization Act 1979
21 The whole of the Act
Note: The headings to sections 6, 8, 17, 20, 39, 92, 92B and
92J are altered by omitting “Organization” and substituting
“Organisation”.
22 Section 85ZL (paragraph (a) of the definition
of intelligence or security agency)
23 Section 85ZL (definition of
security)
24 Paragraph 219F(2)(b)
Disability
Discrimination Act 1992
25 Subsection 4(1) (paragraph (e) of the
definition of Commonwealth employee)
Freedom
of Information Act 1982
26 Subsection 7(2A)
27 Part 1 of Schedule 2 (reference to Australian
Security Intelligence Organization)
28 Schedule 3 (reference to Australian
Security Intelligence Organization Act 1979)
Human
Rights and Equal Opportunity Commission Act 1986
29 Subsection 11(4)
Note: This item might not commence at all: see subsection
2(4).
Human
Rights and Responsibilities Commission Act 1986
30 Subsection 11(4)
Note: This item might not commence at all: see subsection
2(5).
Inspector-General
of Intelligence and Security Act 1986
31 Subsection 3(1) (definition of adverse
security assessment)
32 Subsection 3(1) (definition of
ASIO)
33 Subsection 3(1) (definition of
Commonwealth agency)
34 Subsection 3(1) (definition of qualified
security assessment)
35 Subsection 3(1) (definition of
security)
36 Paragraph 8(8)(c)
37 Paragraph 32A(1)(a)
Legislative
Instruments Act 1999
38 Schedule 1, item 3
Note: For the commencement of this item, see subsection
2(6).
Merit
Protection (Australian Government Employees) Act 1984
39 Subparagraph 85(2)(k)(v)
40 Paragraphs 202(1)(b), (2)(b) and
(3)(b)
41 Subsection 202(4)
42 Subsection 202(6) (definition of adverse
security assessment, security assessment and
Tribunal)
43 Subsection 202(6) (definition of
Organization)
National
Crime Authority Act 1984
44 Paragraph 19A(6)(b)
45 Subsection 59(11)
46 Schedule 1 (reference to Australian
Security Intelligence Organization Act 1979)
Occupational
Health and Safety (Commonwealth Employment) Act 1991
47 Paragraph 6(2)(b)
48 Subsection 6(3)
49 Subsection 6(1) (paragraph (a) of the
definition of intelligence agency)
50 Paragraph 22B(14)(e)
51 Paragraph 22C(13)(e)
52 Paragraph 87(2)(g)
53 Paragraph 87J(2)(e)
Remuneration
and Allowances Act 1990
54 Part 3 of Schedule 2 (reference to Australian
Security Intelligence Organization)
55 Schedule 4 (reference to Australian Security
Intelligence Organization)
Remuneration
Tribunal Act 1973
56 Paragraph 3(4)(m)
57 Subsection 4(1) (paragraph (e) of the
definition of Commonwealth employee)
58 Section 7 (paragraph (g) of the definition of
agency)
59 Paragraph 46(b)
60 Paragraph 91(b)
61 Section 283
Telecommunications
(Interception) Act 1979
62 Section 2
63 Subsection 5(1) (definition of activities
prejudicial to security)
64 Subsection 5(1) (definition of Deputy
Director-General of Security)
65 Subsection 5(1) (definition of foreign
intelligence)
66 Subsection 5(1) (definition of
security)
67 Subsection 5(1) (definition of the
Director-General of Security)
68 Subsection 5(1) (definition of the
Organization)
69 Paragraph 7(2)(ac)
70 Subsection 7(3)
71 Paragraph 9(1)(b)
Note: The heading to section 9 is altered by omitting
“Organization” and substituting
“Organisation”.
72 Subparagraph
10(1)(d)(ii)
Note: The heading to section 10 is altered by omitting
“Organization” and substituting
“Organisation”.
73 Subsection 11A(9)
74 Subsection 12(1)
Note: The heading to section 12 is altered by omitting
“Organization” and substituting
“Organisation”.
75 Paragraphs 14(b) and (c)
Note: The heading to section 14 is altered by omitting
“Organization” and substituting
“Organisation”.
76 Subsection 15(6)
77 Section 17
78 Paragraphs 18(4)(a) and
(b)
79 Section 64
Note: The heading to section 64 is altered by omitting
“Organization’s” and substituting
“Organisation’s”.
80 Subsection 65(1)
Note: The heading to section 65 is altered by omitting
“Organization” and substituting
“Organisation”.
Telecommunications
(Interception) Act 1979
81 Part III (heading)
Repeal the heading, substitute:
Add:
(1) Despite anything in section 25, the Director may, in writing,
authorise ASIO (see subsection (8)) to have access to FTR information for the
purpose of performing its functions.
(2) An authorisation under subsection (1) must state the FTR information,
or the class of FTR information, to which ASIO is to have access.
(3) If ASIO is authorised under subsection (1) to have access to FTR
information, any ASIO officer (see subsection (8)) authorised by the
Director-General of Security (see subsection (8)) is entitled to access
to that FTR information in accordance with the authorisation.
(4) If a person who is an ASIO officer obtains FTR information under this
section:
(a) the person must not, while he or she is an ASIO officer, divulge or
communicate the information except to:
(i) a police officer (see subsection (8)) for the purposes of, or in
connection with, the performance of that officer’s duties; or
(ii) an IGIS officer (see subsection (8)) for the purposes of, or in
connection with, the performance of that officer’s duties in relation to
ASIO or employees of ASIO; or
(iii) another ASIO officer for the purposes of, or in connection with, the
performance of that officer’s duties; and
(b) the person must not, when he or she is no longer an ASIO officer, make
a record of the information, or divulge or communicate the information, in any
circumstances.
(5) If a person who is an IGIS officer obtains FTR information under this
section:
(a) the person must not, while he or she is an IGIS officer, divulge or
communicate the information except:
(i) to another IGIS officer for the purposes of, or in connection with,
the performance of that officer’s duties in relation to ASIO or employees
of ASIO; or
(ii) to the Director-General of Security in a draft report under section
21 of the Inspector-General of Intelligence and Security Act 1986 (the
IGIS Act) in relation to ASIO or employees of ASIO; or
(iii) in a manner that does not identify, and is not reasonably capable of
being used to identify, a person to whom the information relates, in a report
under section 22, or a written response to a complainant under section 23, of
the IGIS Act in relation to ASIO or employees of ASIO; or
(iv) to the Director-General of Security in a report, in relation to ASIO
or employees of ASIO, under section 25A of the IGIS Act; or
(v) in a manner that does not identify, and is not reasonably capable of
being used to identify, a person to whom the information relates, in a report to
the responsible Minister, in relation to ASIO or employees of ASIO, under
section 25A of the IGIS Act; and
(b) the person must not, when he or she is no longer an IGIS officer, make
a record of the information, or divulge or communicate the information, in any
circumstances.
(6) A person who is or has been an ASIO officer or IGIS officer and who
obtained FTR information under this section must not be required:
(a) to produce in a court any document containing FTR information;
or
(b) to divulge or communicate to any court any FTR information.
(7) If a person who is or has been an ASIO officer or an IGIS officer
makes a record of, or divulges or communicates, information in contravention of
this section, the person is guilty of an offence against this section
punishable, upon conviction, by imprisonment for not more than 2
years.
Note 1: Subsection 4B(2) of the Crimes Act 1914
allows a court to impose in respect of an offence an appropriate fine instead
of, or in addition to, a term of imprisonment. The maximum fine that a court can
impose on an individual is worked out by multiplying the maximum term of
imprisonment (in months) by 5, and then multiplying the resulting number by the
amount of a penalty unit. The amount of a penalty unit is stated in section
4AA.
Note 2: Subsections 27(6) to (13) deal with the use by a
police officer of FTR information obtained from ASIO.
(8) In this section:
ASIO means the Australian Security Intelligence
Organisation.
ASIO officer means:
(a) the Director-General of Security; or
(b) a person employed under paragraph 84(1)(a) or (b) of the Australian
Security Intelligence Organisation Act 1979.
Director-General of Security means the Director-General of
Security holding office under the Australian Security Intelligence
Organisation Act 1979.
IGIS officer means:
(a) the Inspector-General of Intelligence and Security holding office
under the Inspector-General of Intelligence and Security Act 1986;
or
(b) a member of staff appointed to assist the Inspector-General of
Intelligence and Security under that Act.
police officer means:
(a) a Commissioner of the Australian Federal Police; or
(b) a member or special member of the Australian Federal Police;
or
(c) an officer, employee or other person under the control of the
Commissioner of the Australian Federal Police.
responsible Minister means the Minister responsible for
administering the Australian Security Intelligence Organisation Act
1979.
(9) Without prejudice to its effect apart from this subsection, this
section also has effect as if a reference to a police officer
included a reference to:
(a) the commanding officer of the Police Force of a State; and
(b) a member of a Police Force of a State; and
(c) an officer, employee or other person under the control of the
commanding officer of the Police Force of a State.
1 At the end of Division 1 of Part
II
Add:
The functions of the Inspector-General include conducting, at such times
as the Inspector-General determines in consultation with the head of the
relevant agency, such other inspections of the agency as the Inspector-General
considers appropriate for the purpose of giving effect to the objects of this
Act.
Note 1: The heading to section 8 is replaced by the heading
“Inquiry functions of Inspector-General”.
Note 2: The heading to section 9 is replaced by the heading
“Additional inquiry functions of
Inspector-General”.
2 Subsection 22(1)
Omit all the words after “copy of the report”, substitute
“to the head of the agency”.
3 At the end of section 22
Add:
(3) If the report includes information that was acquired by the
Commissioner of Taxation under the provisions of a tax law (within the meaning
of section 3E of the Taxation Administration Act 1953), the
Inspector-General must prepare another version of the report that does not
disclose the tax information.
Note: Section 3EC of the Taxation Administration Act
1952 permits the Inspector-General to disclose the information to the
Director-General of Security in the report under subsection
(1).
(4) The Inspector-General must give a copy of:
(a) if subsection (3) applies—the version of the report mentioned in
that subsection; or
(b) in any other case—the report mentioned in subsection
(1);
to:
(c) the responsible Minister; and
(d) if the inquiry was conducted as a result of a request made by the
Prime Minister under section 9—the Prime Minister.
4 Subsection 23(2)
Omit “responsible Minister”, substitute “head of the
relevant agency”.
5 At the end of section 23
Add:
(3) The Inspector-General must give a copy of the response to the
responsible Minister.
6 At the end of Part II
Add:
If the Inspector-General completes an inspection of an agency under
section 9A, the Inspector-General may report on the inspection to the
responsible Minister or the head of the relevant agency.
Note: The Inspector-General may only disclose tax
information and financial transaction reports information as permitted under
section 3EC of the Taxation Administration Act 1953 and section 27AA of
the Financial Transaction Reports Act 1988.
7 Subsection 34(1)
Omit “A person”, substitute “Subject to subsection (1A),
a person”.
8 After subsection 34(1)
Insert:
(1A) Subsection (1) does not apply if the Inspector-General:
(a) believed on reasonable grounds that the making of the record, or the
divulging, communicating or use of the information (the conduct)
by the person mentioned in subsection (1) is necessary for the purpose of
preserving the well-being or safety of another person; and
(b) authorised the person mentioned in subsection (1) to engage in the
conduct for that purpose.
9 After subsection 35(2)
Insert:
(2A) The Inspector-General must include in a report prepared under
subsection (1) the Inspector-General’s comments on any inspection
conducted under section 9A during the year to which the report
relates.
1 Section 2
Insert:
ASIO means the Australian Security Intelligence
Organisation.
2 Section 2
Insert:
ASIO officer means:
(a) the Director-General of Security; or
(b) a person employed under paragraph 84(1)(a) or (b) of the Australian
Security Intelligence Organisation Act 1979.
3 Section 2
Insert:
authorised ASIO officer means:
(a) the Director-General of Security; or
(b) any other ASIO officer who has been authorised in writing by the
Director-General of Security to receive particular tax information.
4 Section 2
Insert:
Director-General of Security means the Director-General of
Security holding office under the Australian Security Intelligence
Organisation Act 1979.
5 Section 2
Insert:
IGIS officer means:
(a) the Inspector-General; or
(b) a member of staff appointed to assist the Inspector-General under the
Inspector-General of Intelligence and Security Act 1986.
5A Section 2
Insert:
Inspector-General means the Inspector-General of Intelligence
and Security holding office under the Inspector-General of Intelligence and
Security Act 1986.
6 At the end of subsection
3B(1AA)
Add:
; and (d) set out, in relation to ASIO:
(i) the number of occasions (if any) during the year on which the
Commissioner was requested by, or on behalf of, the Director-General of Security
to disclose information under subsection 3EA(1) to an authorised ASIO officer;
and
(ii) the number of occasions (if any) during the year on which information
was disclosed under subsection 3EA(1) to an authorised ASIO officer.
7 Subsection 3E(2)
Omit “authorised law enforcement agency officer, or to an authorised
Royal Commission officer, under subsection (1)”, substitute “officer
under subsection (1) of this section or paragraph 3EA(3)(e)”.
Note: The heading to section 3E is replaced by the heading
“Use of tax information by law enforcement agencies and eligible Royal
Commissions etc.”.
8 Subsection 3E(3)
After “subsection (1) or (2)”, insert “of this section or
paragraph 3EA(3)(e)”.
9 Subsection 3E(4)
Omit “authorised law enforcement agency officer, or to an authorised
Royal Commission officer, under subsection (1)”, substitute “officer
under subsection (1) of this section or paragraph 3EA(3)(e)”.
10 After section 3E
Insert:
(1) Despite any taxation secrecy provision, the Commissioner may disclose
tax information to an authorised ASIO officer if the Commissioner is satisfied
that the information is relevant to the performance of ASIO’s functions
under subsection 17(1) of the Australian Security Intelligence Organisation
Act 1979 (ASIO’s 17(1) functions).
(2) Subject to this section, if a person who is or has been an ASIO
officer obtained tax information under subsection (1) or (3) of this section or
subsection 3EC(2), the person must not communicate or divulge the information to
another person, or make a record of the tax information.
Penalty: Imprisonment for 2 years.
(3) In relation to a person who is an ASIO officer, each of the following
is an exception to the prohibition in subsection (2):
(a) making a record of the information for the purposes of, or in
connection with, the performance of the ASIO officer’s duties in carrying
out ASIO’s 17(1) functions;
(b) divulging or communicating the information to another ASIO officer for
the purposes of, or in connection with, the performance of that ASIO
officer’s duties in carrying out ASIO’s 17(1) functions;
(c) divulging or communicating the information to a solicitor or barrister
representing a person in:
(i) a prosecution of a person for a tax-related offence; or
(ii) proceedings for the making of a proceeds of crime order;
for the purposes of, or in connection with, the prosecution or
proceedings;
Note: Section 3EB deals with the use by a legal practitioner
of tax information provided by ASIO.
(d) divulging or communicating the information to an IGIS officer for the
purposes of, or in connection with, the performance of that IGIS officer’s
duties in relation to ASIO or employees of ASIO;
Note: Section 3EC deals with the use by an IGIS officer of
tax information provided by ASIO.
(e) divulging or communicating the information to a law enforcement agency
officer for the purposes of, or in connection with:
(i) the investigation of a serious offence; or
(ii) an investigation relating to the making, or proposed or possible
making, of a proceeds of crime order; or
(iii) the prosecution, or proposed or possible prosecution, of a person
for a tax-related offence; or
(iv) the proceedings, or proposed or possible proceedings, for the making
of a proceeds of crime order.
Note: Section 3E deals with the use by a law enforcement
agency officer of tax information provided by ASIO.
(4) Ιf a person who is or has been an ASIO officer obtained tax
information under subsection (1) or (3) of this section or subsection 3EC(2),
the person must not:
(a) be required to divulge or communicate the information to a court;
or
(b) voluntarily give the information in evidence in proceedings before a
court, except in the course of:
(i) the prosecution of a person for a tax-related offence; or
(ii) the proceedings for the making of a proceeds of crime
order.
(5) A reference in this section to:
(a) the possible making of a proceeds of crime order in respect of a
person; or
(b) the possible proceedings for the making of a proceeds of crime order
in respect of a person;
includes a reference to, the making of an order, or proceedings, that are
only a possibility at the time in question because the person has not been
convicted (within the meaning of section 5 of the Proceeds of Crime Act
1987) of an offence to which the order relates.
(6) In this section:
proceeds of crime order has the meaning given by section
3E.
serious offence has the meaning given by section
3E.
taxation secrecy provision has the meaning given by section
3E.
tax information means information acquired by the
Commissioner under the provisions of a tax law.
tax law has the meaning given by section 3E.
tax-related offence has the meaning given by section
3E.
(1) Subject to this section, a person to whom tax information has been
communicated under paragraph 3EA(3)(c) or subsection (2) of this section must
not divulge or communicate the information to another person, or make a record
of the information.
Penalty: Imprisonment for 2 years.
(2) An exception to the prohibition in subsection (1) is the communicating
or divulging of the information, or the making of a record of the information,
for the purposes of, or in connection with, the prosecution or proceedings
mentioned in paragraph 3EA(3)(c).
(3) A person to whom information has been communicated or divulged under
paragraph 3EA(3)(c) or subsection (2) of this section must not be required to
divulge or communicate the information to a court.
(4) In this section:
tax information has the meaning given by section
3EA.
(1) Subject to this section, if a person who is or has been an IGIS
officer obtained tax information under section 3EA or subsection (2) of this
section, the person must not communicate or divulge the information to another
person, or make a record of the information.
Penalty: Imprisonment for 2 years.
(2) In relation to a person who is an IGIS officer, each of the following
is an exception to the prohibition in subsection (1):
(a) making a record of the information for the purposes of, or in
connection with, the performance of the IGIS officer’s duties in relation
to ASIO or employees or ASIO;
(b) divulging or communicating the information to another IGIS officer for
the purposes of, or in connection with, the performance of that IGIS
officer’s duties in relation to ASIO or employees of ASIO;
(c) divulging or communicating the information to the Director-General of
Security:
(i) in a draft report under section 21 of the Inspector-General of
Intelligence and Security Act 1986; or
(ii) in a report under section 22 or 25A of that Act;
in relation to ASIO or employees of ASIO.
(3) Ιf a person who is or has been an IGIS officer obtained tax
information under section 3EA or subsection (2) of this section, the person must
not:
(a) be required to divulge or communicate the information to a court;
or
(b) voluntarily give the information in evidence in proceedings before a
court.
(4) In this section:
tax information has the meaning given by section
3EA.