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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
National Security Legislation
Amendment Bill (No. 1) 2014
No. , 2014
(Attorney-General)
A Bill for an Act to amend the law relating to
national security and intelligence services, and for
related purposes
No. , 2014
National Security Legislation Amendment Bill (No. 1) 2014
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedule(s) ........................................................................................ 2
Schedule 1--ASIO employment etc.
3
Part 1--Main amendments
3
Australian Security Intelligence Organisation Act 1979
3
Part 2--Other amendments
11
Administrative Appeals Tribunal Act 1975
11
Australian Postal Corporation Act 1989
11
Crimes Act 1914
12
Criminal Code Act 1995
12
Inspector-General of Intelligence and Security Act 1986
13
Public Interest Disclosure Act 2013
14
Surveillance Devices Act 2004
15
Taxation Administration Act 1953
15
Telecommunications (Interception and Access) Act 1979
16
Part 3--Transitional and application provisions
20
Schedule 2--Powers of the Organisation
24
Part 1--Amendments
24
Australian Security Intelligence Organisation Act 1979
24
Part 2--Consequential amendments
58
Telecommunications (Interception and Access) Act 1979
58
Part 3--Application, transitional and savings provisions
59
Schedule 3--Protection for special intelligence operations
60
Australian Security Intelligence Organisation Act 1979
60
Schedule 4--ASIO co-operation and information sharing
72
Australian Security Intelligence Organisation Act 1979
72
ii
National Security Legislation Amendment Bill (No. 1) 2014
No. , 2014
Schedule 5--Activities and functions of Intelligence Services
Act 2001 agencies
73
Schedule 6--Protection of information
81
Part 1--Main amendments
81
Australian Security Intelligence Organisation Act 1979
81
Intelligence Services Act 2001
86
Part 2--Consequential amendments
106
Australian Crime Commission Act 2002
106
Crimes Act 1914
106
Privacy Act 1988
106
Schedule 7--Renaming of Defence agencies
107
Part 1--Main amendments
107
Intelligence Services Act 2001
107
Part 2--Consequential amendments
113
Anti-Money Laundering and Counter-Terrorism Financing Act 2006
113
Archives Act 1983
114
Australian Human Rights Commission Act 1986
114
Australian Security Intelligence Organisation Act 1979
115
Crimes Act 1914
116
Crimes (Overseas) Act 1964
117
Criminal Code Act 1995
117
Freedom of Information Act 1982
118
Independent National Security Legislation Monitor Act 2010
120
Inspector-General of Intelligence and Security Act 1986
120
Privacy Act 1988
122
Public Interest Disclosure Act 2013
123
Part 3--Transitional provisions
124
No. , 2014
National Security Legislation Amendment Bill (No. 1) 2014
1
A Bill for an Act to amend the law relating to
1
national security and intelligence services, and for
2
related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the National Security Legislation
6
Amendment Act (No. 1) 2014.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
13
2
National Security Legislation Amendment Bill (No. 1) 2014
No. , 2014
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedules 1 to
6
The 28th day after this Act receives the
Royal Assent.
3. Schedule 7,
items 1 to 110
The day after this Act receives the Royal
Assent.
4. Schedule 7,
items 111 to 114
The day after this Act receives the Royal
Assent.
However, if item 1 of Schedule 1 to the
Independent National Security Legislation
Monitor Repeal Act 2014 commences at or
before that time, the provision(s) do not
commence at all.
5. Schedule 7,
items 115 to 145
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
ASIO employment etc. Schedule 1
Main amendments Part 1
No. , 2014
National Security Legislation Amendment Bill (No. 1) 2014
3
Schedule 1
--ASIO employment etc.
1
Part 1
--Main amendments
2
Australian Security Intelligence Organisation Act 1979
3
1 Section 4
4
Insert:
5
ASIO affiliate means a person performing functions or services for
6
the Organisation in accordance with a contract, agreement or other
7
arrangement, and includes a person engaged under section 85 and a
8
person performing services under an agreement under section 87,
9
but does not include the Director-General or an ASIO employee.
10
ASIO employee means a person employed under section 84 or 90.
11
2 Section 4 (definition of Deputy Director-General)
12
Omit "an officer of the Organisation who holds office", substitute "a
13
person who holds, or is acting in, a position known".
14
3 Section 4
15
Insert:
16
senior position-holder means an ASIO employee, or an ASIO
17
affiliate, who holds, or is acting in, a position in the Organisation
18
that is:
19
(a) equivalent to or higher than a position occupied by an SES
20
employee; or
21
(b) known as Coordinator.
22
4 Paragraph 8A(1)(b)
23
Omit "sections 85 and 86", substitute "sections 84, 85, 86 and 87".
24
5 Section 16
25
Repeal the section, substitute:
26
Schedule 1 ASIO employment etc.
Part 1 Main amendments
4
National Security Legislation Amendment Bill (No. 1) 2014
No. , 2014
16 Delegation
1
(1) The Director-General may, by signed writing, delegate to a person
2
any of the Director-General's powers, functions or duties under or
3
for the purposes of this Act that relate to:
4
(a) the management of ASIO employees or ASIO affiliates; or
5
(b) the financial management of the Organisation.
6
Note:
For further provisions relating to delegations, see sections 34AB and
7
34A of the Acts Interpretation Act 1901.
8
(2) In exercising powers, performing functions or discharging duties
9
under a delegation, the delegate must comply with any written
10
direction given by the Director-General to the delegate.
11
6 Subsection 18(2)
12
Repeal the subsection (not including the penalty), substitute:
13
Offence for unauthorised communication of information or matter
14
(2) A person commits an offence if:
15
(a) the person makes a communication of any information or
16
matter; and
17
(b) the information or matter has come to the knowledge or into
18
the possession of the person by reason of:
19
(i) his or her being, or having been, an ASIO employee; or
20
(ii) his or her being, or having been, an ASIO affiliate; or
21
(iii) his or her having entered into a contract, agreement or
22
arrangement with ASIO (otherwise than as an ASIO
23
affiliate); and
24
(c) the information or matter:
25
(i) was acquired or prepared by or on behalf of the
26
Organisation in connection with its functions; or
27
(ii) relates to the performance by the Organisation of its
28
functions; and
29
(d) the communication was not made to the Director-General, an
30
ASIO employee or an ASIO affiliate:
31
(i) by an ASIO employee, in the course of the ASIO
32
employee's duties; or
33
(ii) by an ASIO affiliate, in accordance with the contract,
34
agreement or other arrangement under which the ASIO
35
ASIO employment etc. Schedule 1
Main amendments Part 1
No. , 2014
National Security Legislation Amendment Bill (No. 1) 2014
5
affiliate is performing functions or services for the
1
Organisation; or
2
(iii) by a person who has entered into a contract, agreement
3
or arrangement with ASIO (otherwise than as an ASIO
4
affiliate), in accordance with the contract, agreement or
5
arrangement; and
6
(e) the communication was not made by a person acting within
7
the limits of authority conferred on the person by the
8
Director-General; and
9
(f) the communication was not made with the approval of the
10
Director-General or of a person having the authority of the
11
Director-General to give such an approval.
12
7 Subsection 19A(3)
13
Omit "officers and employees, and other resources, of the
14
Organisation", substitute "ASIO employees and ASIO affiliates, and
15
other resources of the Organisation,".
16
8 Subsection 23(1)
17
Omit "an authorised officer or employee", substitute "the
18
Director-General or an authorised person".
19
9 Subsection 23(6)
20
Repeal the subsection, substitute:
21
(6) The Director-General, or a person appointed under
22
subsection (6A), may authorise, in writing, a person, or a class of
23
persons, for the purposes of this section.
24
(6A) The Director-General may, in writing, appoint a senior-position
25
holder, or a class of senior position-holders, for the purposes of
26
subsection (6).
27
10 Subsection 23(7) (definition of authorised officer or
28
employee)
29
Repeal the definition.
30
11 Subsection 23(7)
31
Insert:
32
Schedule 1 ASIO employment etc.
Part 1 Main amendments
6
National Security Legislation Amendment Bill (No. 1) 2014
No. , 2014
authorised person means a person who is authorised under
1
subsection (6) for the purposes of this section.
2
12 Subsection 23(7) (definition of senior officer of the
3
Organisation)
4
Repeal the definition.
5
13 Subsection 25A(4) (note)
6
Omit "an ASIO officer", substitute "a person".
7
14 Subsection 25A(4) (note)
8
Omit "the ASIO officer", substitute "the person".
9
15 Subsections 27(1) and 27AA(1)
10
Omit "an officer, employee or agent of the Organisation" (wherever
11
occurring), substitute "the Director-General, an ASIO employee or an
12
ASIO affiliate".
13
16 Paragraph 34ZC(2)(c)
14
Repeal the paragraph, substitute:
15
(c) an ASIO employee or an ASIO affiliate;
16
17 Subparagraph 34ZE(7)(c)(iii)
17
Repeal the subparagraph, substitute:
18
(iii) an ASIO employee or an ASIO affiliate;
19
18 Part V (heading)
20
Repeal the heading, substitute:
21
Part V--ASIO employees etc.
22
19 Sections 84 to 89
23
Repeal the sections, substitute:
24
ASIO employment etc. Schedule 1
Main amendments Part 1
No. , 2014
National Security Legislation Amendment Bill (No. 1) 2014
7
84 Employees of the Organisation
1
Employees
2
(1) The Director-General may, on behalf of the Commonwealth,
3
employ such persons as he or she considers necessary for the
4
performance of the Organisation's functions and the exercise of the
5
Organisation's powers.
6
(2) The Director-General may from time to time determine in writing
7
the terms and conditions of employment applying to persons
8
employed under subsection (1).
9
(3) The Director-General, on behalf of the Commonwealth, has all the
10
rights, duties and powers of an employer in respect of persons
11
employed under subsection (1).
12
(4) Without limiting subsection (3), the Director-General has, in
13
respect of persons employed under subsection (1), the rights, duties
14
and powers that are prescribed by regulation.
15
Termination of employment
16
(5) The Director-General may, at any time, by written notice,
17
terminate the employment of a person employed under
18
subsection (1).
19
Note:
The Fair Work Act 2009 has rules and entitlements that apply to
20
termination of employment.
21
85 Consultants and contractors
22
(1) The Director-General may engage persons as consultants or
23
contractors to the Organisation.
24
(2) An engagement under subsection (1) is to be made:
25
(a) on behalf of the Commonwealth; and
26
(b) by written agreement.
27
Schedule 1 ASIO employment etc.
Part 1 Main amendments
8
National Security Legislation Amendment Bill (No. 1) 2014
No. , 2014
86 Secondment of ASIO employees
1
Secondment
2
(1) The Director-General may, in writing, arrange for an ASIO
3
employee to be seconded for a specified period to a body or
4
organisation whether within or outside Australia.
5
Termination of secondment
6
(2) The Director-General may at any time, by notice given to the body
7
or organisation to which an ASIO employee is seconded under
8
subsection (1), terminate the secondment.
9
87 Secondment of persons to the Organisation
10
(1) The Director-General may, by written agreement with a body or
11
organisation (whether within or outside Australia), arrange for a
12
person who is an officer, employee or other member of staff of the
13
body or organisation to be made available to the Organisation to
14
perform services in connection with the performance or the
15
exercise of any of the Organisation's functions or powers.
16
(2) The terms and conditions (including remuneration and allowances)
17
applicable to a person performing services under an agreement are
18
those specified in the agreement.
19
88 Applicability of principles of the Public Service Act 1999
20
Although ASIO employees are not employed under the Public
21
Service Act 1999, the Director-General must adopt the principles of
22
that Act in relation to ASIO employees to the extent to which the
23
Director-General considers they are consistent with the effective
24
performance of the functions of the Organisation.
25
89 Voluntary moves to APS
26
(1) Section 26 of the Public Service Act 1999 applies in relation to an
27
ASIO employee as if the ASIO employee were an APS employee
28
and the Organisation were an APS Agency.
29
ASIO employment etc. Schedule 1
Main amendments Part 1
No. , 2014
National Security Legislation Amendment Bill (No. 1) 2014
9
(2) An ASIO employee who moves to an APS Agency under that
1
section is entitled to have his or her employment, as an ASIO
2
employee, treated as if it were:
3
(a) employment as an APS employee; and
4
(b) at a corresponding classification, as agreed between the
5
Director-General and the Australian Public Service
6
Commissioner.
7
20 Section 90 (heading)
8
Repeal the heading, substitute:
9
90 Regulations relating to employment of persons
10
21 Subsection 90(1)
11
Omit "officers otherwise than under agreements in writing and may, in
12
respect of officers", substitute "persons otherwise than under section 84
13
and may, in respect of persons".
14
22 Subsection 90(2)
15
Repeal the subsection.
16
23 Subsection 90(2A)
17
Omit "persons who are or have been officers or temporary or casual
18
employees", substitute "persons who are ASIO employees, ASIO
19
affiliates, former ASIO employees or former ASIO affiliates".
20
24 Subsection 90(3)
21
Omit "notwithstanding sections 84, 85 and 86", substitute "despite
22
section 84".
23
25 Subsection 90(4)
24
Repeal the subsection.
25
26 Section 91
26
Omit "officers and employees of the Organisation", substitute "ASIO
27
employees and ASIO affiliates".
28
27 Section 92 (heading)
29
Repeal the heading, substitute:
30
Schedule 1 ASIO employment etc.
Part 1 Main amendments
10
National Security Legislation Amendment Bill (No. 1) 2014
No. , 2014
92 Publication of identity of ASIO employee or ASIO affiliate
1
28 Subsection 92(1)
2
Omit all the words after "residing at", substitute:
3
a particular address, is:
4
(a) an ASIO employee or ASIO affiliate, or is in any way
5
connected with an ASIO employee or ASIO affiliate; or
6
(b) subject to subsection (1B), is a former ASIO employee or
7
former ASIO affiliate or is in any way connected with a
8
former ASIO employee or former ASIO affiliate.
9
29 Subsection 92(1A)
10
Omit all the words after "residing at", substitute:
11
a particular address, is:
12
(a) an ASIO employee or ASIO affiliate, or is in any way
13
connected with an ASIO employee or ASIO affiliate; or
14
(b) subject to subsection (1B), is a former ASIO employee or
15
former ASIO affiliate, or is in any way connected with a
16
former ASIO employee or former ASIO affiliate.
17
30 Subsection 92(1B)
18
Omit "former officer, employee or agent of the Organisation" (wherever
19
occurring), substitute "former ASIO employee or former ASIO
20
affiliate".
21
ASIO employment etc. Schedule 1
Other amendments Part 2
No. , 2014
National Security Legislation Amendment Bill (No. 1) 2014
11
Part 2
--Other amendments
1
Administrative Appeals Tribunal Act 1975
2
31 Subsection 3(1)
3
Insert:
4
ASIO affiliate has the same meaning as in the Australian Security
5
Intelligence Organisation Act 1979.
6
ASIO employee has the same meaning as in the Australian Security
7
Intelligence Organisation Act 1979.
8
32 Subsections 19(3B), 21AA(3) and 21AB(3)
9
Omit "an officer, employee or agent of the Australian Security
10
Intelligence Organisation", substitute "an ASIO employee or ASIO
11
affiliate".
12
33 Subsection 39A(15)
13
Repeal the subsection, substitute:
14
(15) If a person invited or summoned to give evidence under
15
subsection (14) is:
16
(a) an ASIO employee or ASIO affiliate; or
17
(b) an officer or employee of the Commonwealth agency to
18
which the assessment was given;
19
subsection (8) applies as if any evidence to be given by the person
20
were evidence proposed to be adduced by or on behalf of the
21
Director-General of Security or that agency, as the case may be.
22
Australian Postal Corporation Act 1989
23
34 Subsection 90F(1)
24
Omit "an officer or employee of ASIO", substitute "a person".
25
35 Paragraph 90F(2)(b)
26
Omit "an officer or employee of ASIO", substitute "a person".
27
Schedule 1 ASIO employment etc.
Part 2 Other amendments
12
National Security Legislation Amendment Bill (No. 1) 2014
No. , 2014
36 Paragraph 90LD(2)(a)
1
Repeal the paragraph, substitute:
2
(a) the person is an ASIO employee (within the meaning of the
3
ASIO Act) or an ASIO affiliate (within the meaning of that
4
Act) and the information or document is or may be relevant
5
to security (within the meaning of that Act); or
6
Crimes Act 1914
7
37 Paragraph 15LH(3) (paragraph (f) of the definition of
8
senior officer)
9
Omit "senior officer of the Australian Security Intelligence
10
Organisation as defined in section 24 of the Australian Security
11
Intelligence Organisation Act 1979, or a person occupying an
12
equivalent or higher position in the Australian Security Intelligence
13
Organisation", substitute "senior position-holder within the meaning of
14
the Australian Security Intelligence Organisation Act 1979".
15
Criminal Code Act 1995
16
38 Subsection 100.1(1) of the Criminal Code
17
Insert:
18
ASIO affiliate has the same meaning as in the Australian Security
19
Intelligence Organisation Act 1979.
20
ASIO employee has the same meaning as in the Australian Security
21
Intelligence Organisation Act 1979.
22
39 Subparagraph 105.39(2)(b)(vi) of the Criminal Code
23
Omit "officer or employee of the Australian Security Intelligence
24
Organisation", substitute "ASIO employee or an ASIO affiliate".
25
40 Subsections 105.42(2) and (3) of the Criminal Code
26
Omit "officer or employee of the Australian Security Intelligence
27
Organisation", substitute "ASIO employee or an ASIO affiliate".
28
ASIO employment etc. Schedule 1
Other amendments Part 2
No. , 2014
National Security Legislation Amendment Bill (No. 1) 2014
13
41 Subparagraph 105.43(11)(c)(iv) of the Criminal Code
1
Omit "officer or employee of the Australian Security Intelligence
2
Organisation", substitute "ASIO employee or an ASIO affiliate".
3
Inspector-General of Intelligence and Security Act 1986
4
42 Subsection 3(1)
5
Insert:
6
ASIO affiliate has the same meaning as in the Australian Security
7
Intelligence Organisation Act 1979.
8
ASIO employee has the same meaning as in the Australian Security
9
Intelligence Organisation Act 1979.
10
43 Paragraph 8(1)(b)
11
Omit "employees of ASIO", substitute "ASIO employees and ASIO
12
affiliates".
13
44 Paragraph 8(7)(a)
14
Omit "Director-General of Security or ASIO employees", substitute
15
"Director-General of Security, ASIO employees or ASIO affiliates".
16
45 After subsection 8(7)
17
Insert:
18
(8) The functions of the Inspector-General include inquiring into a
19
matter to which a complaint to the Inspector-General made by an
20
ASIO affiliate relates to the extent that the matter is related to:
21
(a) the contract, agreement or other arrangement under which the
22
ASIO affiliate is performing functions or services for ASIO;
23
or
24
(b) the performance of functions or services by the ASIO
25
affiliate under the contract, agreement or other arrangement.
26
(8A) However, the Inspector-General may decide not to inquire into a
27
matter referred to in subsection (8) if the Inspector-General is
28
satisfied that the ASIO affiliate can have the matter reviewed by a
29
body constituted by, or including, persons other than the
30
Director-General of Security, ASIO employees or ASIO affiliates.
31
Schedule 1 ASIO employment etc.
Part 2 Other amendments
14
National Security Legislation Amendment Bill (No. 1) 2014
No. , 2014
46 Paragraph 11(5)(a)
1
Omit "employees of that agency", substitute "ASIO employees or ASIS
2
employees (as the case may be)".
3
47 At the end of paragraph 11(5)(a)
4
Add "or".
5
48 At the end of section 11
6
Add:
7
(6) The Inspector-General may decide not to inquire into the matters to
8
which a complaint of the kind referred to in subsection 8(8) relates
9
in respect of action taken by ASIO if the Inspector-General is
10
satisfied that:
11
(a) the procedures of ASIO relating to redress of grievances of
12
ASIO affiliates are adequate and effective; or
13
(b) the complainant has not pursued those procedures as far as
14
practicable; or
15
(c) the matters to which the complaint relates are not of
16
sufficient seriousness or sensitivity to justify an inquiry into
17
those matters.
18
Public Interest Disclosure Act 2013
19
49 Subparagraph 41(1)(f)(i)
20
Omit "or the Australian Security Intelligence Organisation".
21
50 After paragraph 41(1)(f)
22
Insert:
23
(fa) information:
24
(i) that identifies a person as an ASIO employee (within
25
the meaning of the Australian Security Intelligence
26
Organisation Act 1979), an ASIO affiliate (within the
27
meaning of that Act), a former ASIO employee, or a
28
former ASIO affiliate, other than a person referred to in
29
subsection (4); or
30
(ii) from which the identity of such a person could
31
reasonably be inferred; or
32
ASIO employment etc. Schedule 1
Other amendments Part 2
No. , 2014
National Security Legislation Amendment Bill (No. 1) 2014
15
(iii) that could reasonably lead to the identity of such a
1
person being established;
2
51 Subsection 41(3)
3
Repeal the subsection, substitute:
4
(3) Paragraph (1)(f) does not apply to the Director-General of ASIS, or
5
a person who has been determined by the Director-General of
6
ASIS under this subsection.
7
(4) Paragraph (1)(fa) does not apply to the Director-General of
8
Security, or a person who has been determined by the
9
Director-General of Security under this subsection.
10
52 Section 66 (table item 7)
11
Omit "agency to which the agent or member of the staff referred to in
12
that paragraph belongs", substitute "Australian Secret Intelligence
13
Service".
14
53 Section 66 (after table item 7)
15
Insert:
16
7A
Paragraph 41(1)(fa)
The Australian Security Intelligence
Organisation.
Surveillance Devices Act 2004
17
54 Subparagraph 45(4)(e)(i)
18
Omit "officer or employee of the Australian Security Intelligence
19
Organisation", substitute "ASIO employee (within the meaning of the
20
Australian Security Intelligence Organisation Act 1979) or an ASIO
21
affiliate (within the meaning of that Act)".
22
Taxation Administration Act 1953
23
55 Paragraph 355-70(2)(b) in Schedule 1
24
Omit "any other individual employed under paragraph 84(1)(a) or (b) of
25
that Act", substitute "an ASIO employee (within the meaning of that
26
Act) or an ASIO affiliate (within the meaning of that Act)".
27
Schedule 1 ASIO employment etc.
Part 2 Other amendments
16
National Security Legislation Amendment Bill (No. 1) 2014
No. , 2014
56 Paragraphs 355-185(1)(c) and (2)(c) in Schedule 1
1
Omit "officers or employees of ASIO", substitute "ASIO employees
2
(within the meaning of the Australian Security Intelligence
3
Organisation Act 1979) or ASIO affiliates (within the meaning of that
4
Act)".
5
Telecommunications (Interception and Access) Act 1979
6
57 Subsection 5(1)
7
Insert:
8
ASIO affiliate has the same meaning as in the Australian Security
9
Intelligence Organisation Act 1979.
10
ASIO employee has the same meaning as in the Australian Security
11
Intelligence Organisation Act 1979.
12
58 Subsection 5(1) (definition of Deputy Director-General of
13
Security)
14
Omit "an officer of the Organisation who holds office", substitute "a
15
person who holds, or is acting in, a position known".
16
59 Section 5AD
17
Omit "senior officer of the Organisation (within the meaning of
18
section 24", substitute "senior position-holder (within the meaning".
19
60 Paragraph 7(2)(ac)
20
Omit "officer of the Organisation", substitute "ASIO employee".
21
61 After paragraph 7(2)(ac)
22
Insert:
23
(ad) the interception of a communication where the interception
24
results from, or is incidental to, action taken by an ASIO
25
affiliate, in accordance with the contract, agreement or other
26
arrangement under which the ASIO affiliate is performing
27
functions or services for the Organisation, for the purpose of:
28
(i) discovering whether a listening device is being used at,
29
or in relation to, a particular place; or
30
(ii) determining the location of a listening device; or
31
ASIO employment etc. Schedule 1
Other amendments Part 2
No. , 2014
National Security Legislation Amendment Bill (No. 1) 2014
17
62 Section 12
1
Omit "an officer of the Organisation", substitute "an ASIO employee or
2
ASIO affiliate".
3
63 Section 12
4
Omit "officers and employees of the Organisation and other persons",
5
substitute "any persons".
6
64 Subsection 18(4)
7
Omit all the words after "respect", substitute:
8
to anything done by an ASIO employee or an ASIO affiliate:
9
(a) in connection with the execution of a warrant issued under
10
this Part; or
11
(b) in connection with:
12
(i) the communication by a person to another person of; or
13
(ii) the making use of; or
14
(iii) the making of a record of; or
15
(iv) the custody of a record of; or
16
(v) the giving in evidence of;
17
information obtained by the execution of such a warrant.
18
65 Paragraph 55(3)(c)
19
Repeal the paragraph, substitute:
20
(c) ASIO employees (or classes of ASIO employees);
21
66 Subsection 55(8)
22
Omit "officer or employee of the Organisation", substitute "ASIO
23
employee".
24
67 Subsection 64(2)
25
Omit "officer or employee of the Organisation", substitute "ASIO
26
employee or ASIO affiliate".
27
68 Paragraph 108(2)(g)
28
Omit "an officer of the Organisation", substitute "an ASIO employee".
29
Schedule 1 ASIO employment etc.
Part 2 Other amendments
18
National Security Legislation Amendment Bill (No. 1) 2014
No. , 2014
69 After paragraph 108(2)(g)
1
Insert:
2
(ga) accessing a stored communication if the access results from,
3
or is incidental to, action taken by an ASIO affiliate, in
4
accordance with the contract, agreement or other
5
arrangement under which the ASIO affiliate is performing
6
functions or services for the Organisation, for the purpose of:
7
(i) discovering whether a listening device is being used at,
8
or in relation to, a particular place; or
9
(ii) determining the location of a listening device; or
10
70 Subsections 136(2) and (3)
11
Omit "officer or employee of the Organisation", substitute "ASIO
12
employee or ASIO affiliate".
13
71 Subsection 136(3)
14
Omit "such officer or employee", substitute "ASIO employee or ASIO
15
affiliate".
16
72 Subsection 136(4)
17
Omit "officer or employee of the Organisation", substitute "ASIO
18
employee or ASIO affiliate".
19
73 Subsection 174(2)
20
Omit "an officer or employee of the Organisation", substitute "any
21
other ASIO employee or ASIO affiliate".
22
74 Section 175
23
Omit "officer or employee of the Organisation" (wherever occurring),
24
substitute "ASIO employee or ASIO affiliate".
25
75 Paragraph 176(2)(c)
26
Omit "officer or employee of the Organisation", substitute "ASIO
27
employee or ASIO affiliate".
28
76 Subsections 184(1) and (2)
29
Omit "officer or employee of the Organisation", substitute "ASIO
30
employee or ASIO affiliate".
31
ASIO employment etc. Schedule 1
Other amendments Part 2
No. , 2014
National Security Legislation Amendment Bill (No. 1) 2014
19
77 Paragraphs 185B(1)(a) and (b)
1
Omit "officer or employee of the Organisation", substitute "ASIO
2
employee or ASIO affiliate".
3
Schedule 1 ASIO employment etc.
Part 3 Transitional and application provisions
20
National Security Legislation Amendment Bill (No. 1) 2014
No. , 2014
Part 3
--Transitional and application provisions
1
78 Transitional
--delegations
2
(1)
This item applies to a delegation if the delegation was in force under
3
section 16 of the Australian Security Intelligence Organisation Act
4
1979 immediately before the commencement of this Schedule.
5
(2)
The delegation has effect, after that commencement, as if the delegation
6
had been made under section 16 of that Act as amended by this
7
Schedule.
8
79 Transitional
--requesting information or documents from
9
operators of aircraft or vessels
10
(1)
If, immediately before the commencement of this Schedule, a person
11
was an authorised officer or employee within the meaning of section 23
12
of the Australian Security Intelligence Organisation Act 1979, the
13
person is taken, after that commencement, to be an authorised person
14
within the meaning of that section as amended by this Schedule.
15
(2)
If, immediately before the commencement of this Schedule, a person
16
was an authorising officer for the purposes of subsection 23(6) of the
17
Australian Security Intelligence Organisation Act 1979, the person is
18
taken, after that commencement, to be a person appointed under
19
subsection 23(6A) of that Act as inserted by this Schedule.
20
80 Application and transitional
--employees of the
21
Organisation
22
A person who, immediately before the commencement of this Schedule,
23
was an officer or employee of the Organisation employed under
24
section 84 of the Australian Security Intelligence Organisation Act
25
1979, is, immediately after that commencement, taken to be employed:
26
(a) under subsection 84(1) of that Act as in force immediately
27
after that commencement; and
28
(b) on the terms and conditions that were applicable to the
29
person immediately before that commencement.
30
ASIO employment etc. Schedule 1
Transitional and application provisions Part 3
No. , 2014
National Security Legislation Amendment Bill (No. 1) 2014
21
81 Employees of the Organisation
--acquisition of property
1
(1)
This item applies to a person who, immediately before the
2
commencement of this Schedule, was an officer or employee of the
3
Organisation employed under section 84 of the Australian Security
4
Intelligence Organisation Act 1979.
5
(2)
Section 84 of the Australian Security Intelligence Organisation Act
6
1979, as substituted by this Schedule, does not apply to the extent (if
7
any) to which the operation of that section would result in the
8
acquisition of property (within the meaning of paragraph 51(xxxi) of the
9
Constitution) from the person otherwise than on just terms (within the
10
meaning of that paragraph).
11
82 Transitional
--former officers, employees or agents
12
If, immediately before the commencement of this Schedule, a person
13
was a former officer, employee or agent of the Australian Security
14
Intelligence Organisation, the person is, after that commencement,
15
taken, for the purposes of the Australian Security Intelligence
16
Organisation Act 1979, to be a former ASIO employee or former ASIO
17
affiliate.
18
83 Transitional
--authorisations under the Australian Postal
19
Corporation Act 1989
20
If, immediately before the commencement of this Schedule, a person
21
was an authorised ASIO officer within the meaning of section 90F of
22
the Australian Postal Corporation Act 1989, the person is taken, after
23
that commencement, to be an authorised ASIO officer within the
24
meaning of that section as amended by this Schedule.
25
84 Transitional
--delegations under the Crimes Act 1914
26
(1)
This item applies to a delegation if the delegation was in force
27
immediately before the commencement of this Schedule under
28
section 15LH of the Crimes Act 1914 in relation to a person referred to
29
in paragraph (f) of the definition of senior officer in
30
subsection 15LH(3) of that Act.
31
(2)
The delegation has effect, after that commencement, as if the delegation
32
had been made under that section in relation to a person referred to in
33
that paragraph as amended by this Schedule.
34
Schedule 1 ASIO employment etc.
Part 3 Transitional and application provisions
22
National Security Legislation Amendment Bill (No. 1) 2014
No. , 2014
85 Transitional
--determinations under the Public Interest
1
Disclosure Act 2013
2
(1)
If, immediately before the commencement of this Schedule, a person is
3
a person determined by the Director-General of ASIS under
4
paragraph 41(3)(a) of the Public Interest Disclosure Act 2013, the
5
person is taken, after that commencement, to be a person determined by
6
the Director-General of ASIS under subsection 41(3) of that Act as
7
substituted by this Schedule.
8
(2)
If, immediately before the commencement of this Schedule, a person is
9
a person determined by the Director-General of Security under
10
paragraph 41(3)(b) of the Public Interest Disclosure Act 2013, the
11
person is taken, after that commencement, to be a person determined by
12
the Director-General of Security under subsection 41(4) of that Act as
13
inserted by this Schedule.
14
86 Transitional
--authorisations under the Taxation
15
Administration Act 1953
16
If, immediately before the commencement of this Schedule, a person
17
was an authorised ASIO officer within the meaning of
18
paragraph 355-70(2)(b) of the Taxation Administration Act 1953, the
19
person is taken, after that commencement, to be an authorised ASIO
20
officer within the meaning of that paragraph as amended by this
21
Schedule.
22
87 Transitional provisions
--Telecommunications
23
(Interception and Access) Act 1979
24
(1)
If, immediately before the commencement of this Schedule, a person
25
was a person authorised to be a certifying person under section 5AD of
26
the Telecommunications (Interception and Access) Act 1979, the person
27
is taken, after that commencement, to be a person authorised to be a
28
certifying person under that section as amended by this Schedule.
29
(2)
If, immediately before the commencement of this Schedule, a person
30
was an authorizing officer for the purposes of section 12 of the
31
Telecommunications (Interception and Access) Act 1979, the person is
32
taken, after that commencement, to be an authorizing officer for the
33
purposes of that section as amended by this Schedule.
34
ASIO employment etc. Schedule 1
Transitional and application provisions Part 3
No. , 2014
National Security Legislation Amendment Bill (No. 1) 2014
23
(3)
If, immediately before the commencement of this Schedule, a person
1
was approved under section 12 of the Telecommunications (Interception
2
and Access) Act 1979, the person is taken, after that commencement, to
3
be a person approved under that section as amended by this Schedule.
4
(4)
If, immediately before the commencement of this Schedule, a person
5
was approved under paragraph 55(3)(c) of the Telecommunications
6
(Interception and Access) Act 1979 to exercise the authority conferred
7
by warrants (or classes of warrants), the person is taken, after that
8
commencement, to be approved under that paragraph as amended by
9
this Schedule.
10
Schedule 2 Powers of the Organisation
Part 1 Amendments
24
National Security Legislation Amendment Bill (No. 1) 2014
No. , 2014
Schedule 2
--Powers of the Organisation
1
Part 1
--Amendments
2
Australian Security Intelligence Organisation Act 1979
3
1 Section 4 (definition of certified copy)
4
Repeal the definition, substitute:
5
certified copy means:
6
(a) in relation to a warrant--a copy of the warrant that has been
7
certified in writing by the Director-General or a Deputy
8
Director-General to be a true copy of the warrant; or
9
(b) in relation to an authorisation under section 27G--a copy of
10
the authorisation that has been certified in writing by the
11
Director-General or a Deputy Director-General to be a true
12
copy of the authorisation; or
13
(c) in relation to an instrument varying or revoking a warrant or
14
an authorisation under section 27G--a copy of the instrument
15
that has been certified in writing by the Director-General or a
16
Deputy Director-General to be a true copy of the instrument.
17
2 Before section 22
18
Insert:
19
Subdivision A--Preliminary
20
3 Section 22
21
Insert:
22
communication in transit means a communication (within the
23
meaning of the Telecommunications Act 1997) passing over a
24
telecommunications network (within the meaning of that Act).
25
4 Section 22 (definition of computer)
26
Repeal the definition, substitute:
27
computer means all or part of:
28
(a) one or more computers; or
29
Powers of the Organisation Schedule 2
Amendments Part 1
No. , 2014
National Security Legislation Amendment Bill (No. 1) 2014
25
(b) one or more computer systems; or
1
(c) one or more computer networks; or
2
(d) any combination of the above.
3
5 Section 22
4
Insert:
5
device includes instrument, apparatus and equipment.
6
enhancement equipment, in relation to a surveillance device,
7
means equipment capable of enhancing a signal, image or other
8
information obtained by the use of the surveillance device.
9
identified person warrant means a warrant issued under
10
section 27C.
11
install includes attach and apply.
12
6 Section 22 (definition of listening device)
13
Repeal the definition, substitute:
14
listening device means any device capable of being used, whether
15
alone or in conjunction with any other device, to overhear, record,
16
monitor or listen to sounds, signals or a conversation, or words
17
spoken to or by any person in conversation, but does not include a
18
hearing aid or similar device used by a person with impaired
19
hearing to overcome that impairment and permit that person to hear
20
only sounds ordinarily audible to the human ear.
21
7 Section 22
22
Insert:
23
maintain, in relation to a surveillance device, includes adjust,
24
improve, relocate, repair, service and replace the device.
25
object means:
26
(a) a vehicle, aircraft, vessel or other means of transportation; or
27
(b) clothing or any other thing worn; or
28
(c) any other thing.
29
optical surveillance device means any device capable of being
30
used, whether alone or in conjunction with any other device, to
31
Schedule 2 Powers of the Organisation
Part 1 Amendments
26
National Security Legislation Amendment Bill (No. 1) 2014
No. , 2014
record visually or observe an activity, but does not include
1
spectacles, contact lenses or a similar device used by a person with
2
impaired sight to overcome that impairment.
3
prejudicial activities of a person means activities prejudicial to
4
security that the person is engaged in, or is reasonably suspected by
5
the Director-General of being engaged in, or of being likely to
6
engage in.
7
surveillance device means:
8
(a) a listening device, an optical surveillance device or a tracking
9
device; or
10
(b) a device that is a combination of any 2 or more of the devices
11
referred to in paragraph (a) or (c); or
12
(c) a device of a kind prescribed by regulation for the purposes
13
of this paragraph.
14
surveillance device warrant means a warrant issued under
15
section 26.
16
track an object or person means be aware of the movement of the
17
object or person from place to place.
18
tracking device means a device or substance that, when installed in
19
or on an object, enables a person to track the object or a person
20
using or wearing the object.
21
use of a surveillance device includes use of the device:
22
(a) to listen to, record, observe or monitor the words, sounds or
23
signals communicated to or by a person, or the activities of a
24
person; or
25
(b) to track an object or person.
26
8 Section 24
27
Repeal the section, substitute:
28
Powers of the Organisation Schedule 2
Amendments Part 1
No. , 2014
National Security Legislation Amendment Bill (No. 1) 2014
27
24 Exercise of authority under warrant etc.
1
Who may exercise authority under warrant etc.
2
(1) The authority conferred by a relevant warrant or relevant device
3
recovery provision may be exercised on behalf of the Organisation
4
only by:
5
(a) the Director-General; or
6
(b) a person approved under subsection (2); or
7
(c) a person included in a class of persons approved under
8
subsection (2).
9
Approval of persons authorised to exercise authority under
10
warrant etc.
11
(2) The Director-General or a person appointed under subsection (3)
12
may, in writing, approve a person, or a class of persons, as people
13
authorised to exercise, on behalf of the Organisation, the authority
14
conferred by relevant warrants or relevant device recovery
15
provisions.
16
(3) The Director-General may, in writing, appoint a senior
17
position-holder, or a class of senior position-holders, for the
18
purposes of subsection (2).
19
Definitions
20
(4) In this section:
21
relevant device recovery provision means subsection 26B(5) or
22
(6), 27A(3A) or (3B) or 27F(5).
23
relevant warrant means a warrant issued under this Division or
24
under Division 3.
25
9 Before section 25
26
Insert:
27
Subdivision B--Search warrants
28
10 After paragraph 25(4)(a)
29
Insert:
30
Schedule 2 Powers of the Organisation
Part 1 Amendments
28
National Security Legislation Amendment Bill (No. 1) 2014
No. , 2014
(aa) entering any premises for the purposes of gaining entry to or
1
exiting the subject premises;
2
11 Paragraph 25(5)(a)
3
After "adding,", insert "copying,".
4
12 Subsection 25(6)
5
Repeal the subsection, substitute:
6
Certain acts not authorised
7
(6) Subsection (5) does not authorise the addition, deletion or
8
alteration of data, or the doing of any thing, that is likely to:
9
(a) materially interfere with, interrupt or obstruct the lawful use
10
by other persons of a computer or other electronic equipment,
11
or a data storage device, found on the subject premises unless
12
the addition, deletion or alteration, or the doing of the thing,
13
is necessary to do one or more of the things specified under
14
subsection (5); or
15
(b) cause any other material loss or damage to other persons
16
lawfully using the computer, equipment or device.
17
13 Subsection 25(7) (heading)
18
Repeal the heading, substitute:
19
Warrant must provide for certain matters
20
14 Paragraph 25(7)(a)
21
After "any force", insert "against persons and things".
22
15 Before section 25A
23
Insert:
24
Subdivision C--Computer access warrants
25
16 Subsection 25A(2)
26
Omit "particular".
27
17 At the end of subsection 25A(2)
28
Add:
29
Powers of the Organisation Schedule 2
Amendments Part 1
No. , 2014
National Security Legislation Amendment Bill (No. 1) 2014
29
Note:
See section 22 for the definition of computer.
1
18 Subsection 25A(3)
2
Repeal the subsection, substitute:
3
(3) The target computer may be any one or more of the following:
4
(a) a particular computer;
5
(b) a computer on particular premises;
6
(c) a computer associated with, used by or likely to be used by, a
7
person (whose identity may or may not be known).
8
Authorisation in warrant
9
(3A) The warrant must:
10
(a) be signed by the Minister; and
11
(b) authorise the Organisation to do specified things, subject to
12
any restrictions or conditions specified in the warrant, in
13
relation to the target computer; and
14
(c) if the target computer is or includes a particular computer--
15
specify the computer; and
16
(d) if the target computer is or includes a computer on particular
17
premises--specify the premises; and
18
(e) if the target computer is or includes a computer associated
19
with, used by or likely to be used by, a person--specify the
20
person (whether by name or otherwise).
21
19 After paragraph 25A(4)(aa)
22
Insert:
23
(aaa) entering any premises for the purposes of gaining entry to or
24
exiting the specified premises;
25
20 Subparagraph 25A(4)(a)(i)
26
Omit "a computer", substitute "the target computer".
27
21 Paragraph 25A(4)(a)
28
After "access to data", insert "(the relevant data)".
29
22 Paragraph 25A(4)(a)
30
After "adding,", insert "copying,".
31
Schedule 2 Powers of the Organisation
Part 1 Amendments
30
National Security Legislation Amendment Bill (No. 1) 2014
No. , 2014
23 After paragraph 25A(4)(a)
1
Insert:
2
(ab) if, having regard to other methods (if any) of obtaining access
3
to the relevant data which are likely to be as effective, it is
4
reasonable in all the circumstances to do so--using any other
5
computer or a communication in transit to access the relevant
6
data and, if necessary to achieve that purpose, adding,
7
copying, deleting or altering other data in the computer or the
8
communication in transit;
9
24 Subsection 25A(4) (note)
10
Omit "the target computer etc.", substitute "a computer etc.".
11
25 Subsection 25A(5)
12
Repeal the subsection, substitute:
13
Certain acts not authorised
14
(5) Subsection (4) does not authorise the addition, deletion or
15
alteration of data, or the doing of any thing, that is likely to:
16
(a) materially interfere with, interrupt or obstruct a
17
communication in transit or the lawful use by other persons
18
of a computer unless the addition, deletion or alteration, or
19
the doing of the thing, is necessary to do one or more of the
20
things specified in the warrant; or
21
(b) cause any other material loss or damage to other persons
22
lawfully using a computer.
23
26 Subsection 25A(5A) (heading)
24
Repeal the heading, substitute:
25
Warrant must provide for certain matters
26
27 Paragraph 25A(5A)(a)
27
After "any force", insert "against persons and things".
28
28 Paragraph 25A(5A)(b)
29
Before "state whether", insert "if the warrant authorises entering
30
premises--".
31
Powers of the Organisation Schedule 2
Amendments Part 1
No. , 2014
National Security Legislation Amendment Bill (No. 1) 2014
31
29 Sections 26 to 26C
1
Repeal the sections, substitute:
2
Subdivision D--Use of surveillance devices
3
26 Issue of surveillance device warrants
4
Issue of surveillance device warrant
5
(1) If the Director-General requests the Minister to do so, and the
6
Minister is satisfied as mentioned in subsection (3), the Minister
7
may issue a warrant in accordance with this section.
8
(2) The warrant may be issued:
9
(a) in relation to one or more of the following:
10
(i) a particular person;
11
(ii) particular premises;
12
(iii) an object or class of object; and
13
(b) in respect of more than one kind of surveillance device; and
14
(c) in respect of more than one surveillance device of any
15
particular kind.
16
Test for issue of warrant
17
(3) The Minister is only to issue the warrant if he or she is satisfied
18
that:
19
(a) if the warrant is requested in relation to a particular person:
20
(i) the person is engaged in or is reasonably suspected by
21
the Director-General of being engaged in, or of being
22
likely to engage in, activities prejudicial to security; and
23
(ii) the use by the Organisation of a surveillance device in
24
relation to that person will, or is likely to, assist the
25
Organisation in carrying out its function of obtaining
26
intelligence relevant to security; and
27
(b) if the warrant is requested in relation to particular premises:
28
(i) those premises are used, likely to be used or frequented
29
by a person engaged in or reasonably suspected by the
30
Director-General of being engaged in, or of being likely
31
to engage in, activities prejudicial to security; and
32
Schedule 2 Powers of the Organisation
Part 1 Amendments
32
National Security Legislation Amendment Bill (No. 1) 2014
No. , 2014
(ii) the use on behalf of the Organisation of a surveillance
1
device in or on those premises will, or is likely to, assist
2
the Organisation in carrying out its function of obtaining
3
intelligence relevant to security; and
4
(c) if the warrant is requested in relation to an object or class of
5
object:
6
(i) that object, or an object of that class, is used or worn, or
7
likely to be used or worn by a person engaged in or
8
reasonably suspected by the Director-General of being
9
engaged in, or of being likely to engage in, activities
10
prejudicial to security; and
11
(ii) the use by the Organisation of a surveillance device in
12
or on that object, or an object of that class, will, or is
13
likely to, assist the Organisation in carrying out its
14
function of obtaining intelligence relevant to security.
15
(4) To avoid doubt, the identity of the person referred to in
16
paragraph (3)(a) or subparagraph (3)(b)(i) or (c)(i) need not be
17
known.
18
Warrant may be subject to restrictions or conditions
19
(5) The warrant is subject to any restrictions or conditions specified in
20
it.
21
26A Requirements for surveillance device warrants
22
(1) A surveillance device warrant must:
23
(a) be signed by the Minister; and
24
(b) specify:
25
(i) the kind of surveillance device, or kinds of surveillance
26
devices, authorised to be used; and
27
(ii) the date the warrant is issued; and
28
(iii) if the warrant is issued in relation to a particular
29
person--the name of the person (if known) or the fact
30
that the person's identity is unknown; and
31
(iv) if the warrant is issued in relation to particular
32
premises--the premises; and
33
(v) if the warrant is issued in relation to an object or class of
34
object--the object or class of object; and
35
Powers of the Organisation Schedule 2
Amendments Part 1
No. , 2014
National Security Legislation Amendment Bill (No. 1) 2014
33
(c) authorise the use of any force against persons and things that
1
is necessary and reasonable to do the things authorised by the
2
warrant; and
3
(d) state whether entry is authorised to be made at any time of
4
the day or night or during stated hours of the day or night.
5
(2) If a surveillance device warrant is issued in relation to particular
6
premises that are vehicles, the warrant need only specify the class
7
of vehicle in relation to which the use of the surveillance device is
8
authorised.
9
(3) The surveillance device warrant must specify the period during
10
which it is to remain in force. The period must not be more than 6
11
months, although the Minister may revoke the warrant before the
12
period has expired.
13
(4) Subsection (3) does not prevent the issue of any further warrant.
14
26B What a surveillance device warrant authorises
15
Authorisation in warrant--particular person
16
(1) If a surveillance device warrant is issued in relation to a particular
17
person, the warrant authorises the following:
18
(a) the installation, use and maintenance of a surveillance device
19
of the kind specified in the warrant to:
20
(i) listen to, record, observe or monitor the words, sounds
21
or signals communicated to or by the person, or the
22
activities of the person; or
23
(ii) track the person;
24
(b) the installation, use and maintenance of a surveillance device
25
of the kind specified in the warrant:
26
(i) in or on premises where the person is reasonably
27
believed to be or likely to be; or
28
(ii) in or on any other premises specified in the warrant
29
from which the activities of that person, or the words,
30
sounds or signals communicated by or to that person,
31
can be listened to, recorded, observed or monitored;
32
(c) entering the premises referred to in paragraph (b) for any of
33
the purposes referred to in paragraph (a) or (b) or in
34
subsection (4) or (5);
35
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(d) the installation, use and maintenance of a surveillance device
1
of the kind specified in the warrant in or on any object used
2
or worn, or likely to be used or worn, by the person;
3
(e) the entry into or onto, or the alteration of, the object referred
4
to in paragraph (d);
5
(f) entering any premises in which the object referred to in
6
paragraph (d) is or is likely to be found, for any of the
7
purposes referred to in that paragraph or in subsection (4) or
8
(5);
9
(g) entering any other premises, for the purposes of gaining entry
10
to or exiting premises referred in to paragraph (b) or (f);
11
(h) any other thing reasonably incidental to any of the above.
12
Authorisation in warrant--particular premises
13
(2) If a surveillance device warrant is issued in relation to particular
14
premises (the subject premises), the warrant authorises the
15
following:
16
(a) the installation, use and maintenance of a surveillance device
17
of the kind specified in the warrant:
18
(i) in or on the subject premises; or
19
(ii) in or on any other premises specified in the warrant
20
from which the activities of a person, or the words,
21
sounds or signals communicated by or to a person, can
22
be listened to, recorded, observed or monitored while
23
the person is in or on the subject premises;
24
(b) entering the subject premises, or any other premises specified
25
in the warrant, for any of the purposes referred to in
26
paragraph (a) or subsection (4) or (5);
27
(c) entering any other premises, for the purposes of gaining entry
28
to or exiting the subject premises or any other premises
29
specified in the warrant;
30
(d) any other thing reasonably incidental to any of the above.
31
Authorisation in warrant--object or class of object
32
(3) If a surveillance device warrant is issued in relation to an object, or
33
class of object, the warrant authorises the following:
34
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(a) the installation, use and maintenance of a surveillance device
1
of the kind specified in the warrant in or on the specified
2
object, or an object of the specified class;
3
(b) the entry into or onto, or alteration of, the specified object, or
4
an object of the specified class;
5
(c) entering any premises where the object, or an object of the
6
class, is reasonably believed to be or is likely to be for any of
7
the purposes referred to in paragraph (a) or (b) or
8
subsection (4) or (5);
9
(d) entering any other premises, for the purposes of gaining entry
10
to or exiting premises referred to in paragraph (c);
11
(e) any other thing reasonably incidental to any of the above.
12
Authorisation in warrant--general
13
(4) A surveillance device warrant also authorises the following:
14
(a) the installation, use and maintenance of enhancement
15
equipment in relation to the surveillance device;
16
(b) the temporary removal of an object from premises for the
17
installation or maintenance of the surveillance device or
18
enhancement equipment and the return of the object to the
19
premises;
20
(c) the replacement of an object with an equivalent object for the
21
purposes of the installation or maintenance of the
22
surveillance device or enhancement equipment;
23
(d) the breaking open of any thing for the installation or
24
maintenance of the surveillance device or enhancement
25
equipment;
26
(e) the connection of the surveillance device or enhancement
27
equipment to any source of electricity and the use of
28
electricity from that source to operate the device or
29
equipment;
30
(f) the connection of the surveillance device or enhancement
31
equipment to any object or system that may be used to
32
transmit information in any form and the use of that object or
33
system in connection with the operation of the device or
34
equipment;
35
(g) the doing of any thing reasonably necessary to conceal the
36
fact that any thing has been done under the warrant;
37
(h) any other thing reasonably incidental to any of the above.
38
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Recovery of surveillance devices
1
(5) If a surveillance device is installed or used under a surveillance
2
device warrant, the Organisation is authorised to do any of the
3
following:
4
(a) recover the surveillance device or any enhancement
5
equipment in relation to the device;
6
(b) enter any premises where the surveillance device is
7
reasonably believed to be, for the purpose of recovering the
8
device or the equipment;
9
(c) enter any other premises for the purposes of gaining entry to
10
or exiting the premises referred to in paragraph (b);
11
(d) enter into or onto, or alter, an object for the purpose of
12
recovering the device or the equipment;
13
(e) replace an object with an equivalent object for the purposes
14
of recovering the device or the equipment;
15
(f) break open any thing for the purpose of recovering the device
16
or the equipment;
17
(g) if the device or equipment is installed in or on an object--
18
temporarily remove the object from any place where it is
19
situated for the purpose of recovering the device or the
20
equipment and returning the object to that place;
21
(h) use a nominal amount of electricity from any source to power
22
the device or equipment;
23
(i) any thing reasonably necessary to conceal the fact that any
24
thing has been done under this subsection;
25
(j) use any force against persons and things that is necessary and
26
reasonable to do any of the above;
27
(k) any other thing reasonably incidental to any of the above;
28
at the following time:
29
(l) at any time while the warrant is in force or within 28 days
30
after it ceases to be in force;
31
(m) if the surveillance device is not recovered at a time
32
mentioned in paragraph (l)--at the earliest time, after the 28
33
days mentioned in that paragraph, at which it is reasonably
34
practicable to do the things concerned.
35
(6) If, for the purposes of subsection (5):
36
(a) the surveillance device is not recovered while the warrant is
37
in force; and
38
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(b) the surveillance device is a tracking device;
1
the Organisation is also authorised to use the surveillance device or
2
any enhancement equipment in relation to the device solely for the
3
purposes of the location and recovery of the device or equipment.
4
26C Use etc. of listening device without warrant
5
Either of the following (the first person):
6
(a) an ASIO employee acting in the course of the ASIO
7
employee's duties;
8
(b) an ASIO affiliate acting in accordance with the contract,
9
agreement or other arrangement under which the ASIO
10
affiliate is performing functions or services for the
11
Organisation;
12
may install, use or maintain a listening device without warrant for
13
any purpose involving listening to or recording words, sounds or
14
signals being communicated by or to another person (the second
15
person) if:
16
(c) the first person is the communicator of the words, sounds or
17
signals; or
18
(d) the second person intends, or should reasonably expect, those
19
words, sounds or signals to be communicated to the first
20
person, or to a class or group of persons in which the first
21
person is included; or
22
(e) the first person does so with the implied or express consent of
23
a person who is permitted under paragraph (c) or (d) to listen
24
to or record the words, sounds or signals.
25
Note:
This section does not apply to an ASIO affiliate specified in a
26
determination under subsection 26F(1).
27
26D Use etc. of optical surveillance device without warrant
28
Either of the following:
29
(a) an ASIO employee acting in the course of the ASIO
30
employee's duties;
31
(b) an ASIO affiliate acting in accordance with the contract,
32
agreement or other arrangement under which the ASIO
33
affiliate is performing functions or services for the
34
Organisation;
35
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may install, use or maintain an optical surveillance device without
1
warrant if the installation, use or maintenance of the device does
2
not involve:
3
(c) entering premises without permission from the owner or
4
occupier of the premises; or
5
(d) interference with any vehicle or thing without permission of
6
the person having lawful possession or control of the vehicle
7
or thing.
8
Note:
This section does not apply to an ASIO affiliate specified in a
9
determination under subsection 26F(1).
10
26E Use etc. of tracking device without warrant
11
(1) Either of the following:
12
(a) an ASIO employee acting in the course of the ASIO
13
employee's duties;
14
(b) an ASIO affiliate acting in accordance with the contract,
15
agreement or other arrangement under which the ASIO
16
affiliate is performing functions or services for the
17
Organisation;
18
may install, use or maintain a tracking device without warrant for
19
the purposes of tracking a person if the person consents to the
20
installation, use or maintenance.
21
Note:
This subsection does not apply to an ASIO affiliate specified in a
22
determination under subsection 26F(1).
23
(2) Either of the following:
24
(a) an ASIO employee acting in the course of the ASIO
25
employee's duties;
26
(b) an ASIO affiliate, acting in accordance with the contract,
27
agreement or other arrangement under which the ASIO
28
affiliate is performing functions or services for the
29
Organisation;
30
may install, use or maintain a tracking device without warrant for
31
the purposes of tracking an object if the person using the object
32
consents to the installation, use or maintenance.
33
Note:
This subsection does not apply to an ASIO affiliate specified in a
34
determination under subsection 26F(1).
35
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26F Director-General may determine that certain provisions do not
1
apply to specified ASIO affiliates
2
(1) The Director-General may, by signed writing, determine that
3
section 26C or 26D or subsection 26E(1) or (2) does not apply to:
4
(a) a specified ASIO affiliate; or
5
(b) a specified class of ASIO affiliates.
6
(2) A determination under subsection (1) has effect accordingly.
7
(3) A determination under subsection (1) is not a legislative
8
instrument.
9
(4) The Director-General may, by signed writing, delegate the
10
Director-General's power under this section to:
11
(a) a Deputy Director-General; or
12
(b) any other ASIO employee or ASIO affiliate who holds, or is
13
acting in, a position in the Organisation that is equivalent to
14
or higher than a position occupied by an SES employee with
15
a classification of SES Band 2.
16
(5) In exercising powers under a delegation, the delegate must comply
17
with any written direction given by the Director-General to the
18
delegate.
19
30 Before section 27
20
Insert:
21
Subdivision E--Inspection of postal and other articles
22
31 Subsection 27(1)
23
Omit "this section or section 27A", substitute "this Division".
24
32 Before section 27A
25
Insert:
26
Subdivision F--Foreign intelligence
27
33 Paragraph 27A(1)(a)
28
Omit "computer or a thing", substitute "computer or an object".
29
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34 Paragraph 27A(1)(a)
1
Omit "26(3) or (4), 26B(3), 26C(3)", substitute "26B(1), (2), (3) or (4)".
2
35 Subsection 27A(1)
3
Omit "those things", substitute "those objects".
4
36 Paragraph 27A(2)(a)
5
After "any force", insert "against persons and things".
6
37 Paragraph 27A(2)(b)
7
Before "state whether", insert "if the warrant authorises entering
8
premises--".
9
38 Paragraph 27A(3)(b)
10
Omit "26(3) or (4), 26B(3), 26C(3)", substitute "26B(1), (2), (3) or (4)".
11
39 Subsections 27A(3A) and (3B)
12
Repeal the subsections, substitute:
13
(3A) If a surveillance device is installed or used in accordance with a
14
warrant under this section authorising the doing of acts referred to
15
in subsection 26B(1) (2), (3) or (4), the Organisation is authorised
16
to do any of the following:
17
(a) recover the surveillance device or any enhancement
18
equipment in relation to the device;
19
(b) enter any premises where the surveillance device is
20
reasonably believed to be, for the purpose of recovering the
21
device or the equipment;
22
(c) enter any other premises for the purposes of gaining entry to
23
or exiting the premises referred to in paragraph (b);
24
(d) enter into or onto, or alter, an object for the purpose of
25
recovering the device or the equipment;
26
(e) replace an object with an equivalent object for the purposes
27
of recovering the device or the equipment;
28
(f) break open any thing for the purpose of recovering the device
29
or the equipment;
30
(g) if the device or equipment is installed in or on an object--
31
temporarily remove the object from any place where it is
32
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41
situated for the purpose of recovering the device or the
1
equipment and returning the object to that place;
2
(h) use a nominal amount of electricity from any source to power
3
the device or equipment;
4
(i) any thing reasonably necessary to conceal the fact that any
5
thing has been done under this subsection;
6
(j) use any force against persons and things that is necessary and
7
reasonable to do any of the above;
8
(k) any other thing reasonably incidental to any of the above;
9
at the following time:
10
(l) at any time while the warrant is in force or within 28 days
11
after it ceases to be in force;
12
(m) if the surveillance device is not recovered at a time
13
mentioned in paragraph (l)--at the earliest time, after the 28
14
days mentioned in that paragraph, at which it is reasonably
15
practicable to do the things concerned.
16
(3B) If, for the purposes of subsection (3A):
17
(a) the surveillance device is not recovered while the warrant is
18
in force; and
19
(b) the surveillance device is a tracking device;
20
the Organisation is also authorised to use the surveillance device or
21
any enhancement equipment in relation to the device solely for the
22
purposes of the location and recovery of the device or equipment.
23
40 Subsection 27A(5)
24
Repeal the subsection.
25
41 After section 27B
26
Insert:
27
Subdivision G--Identified person warrants
28
27C Issue of identified person warrants
29
Issue of warrant
30
(1) If the Director-General requests the Minister to do so, and the
31
Minister is satisfied as mentioned in subsection (2), the Minister
32
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may issue an identified person warrant in relation to a particular
1
person.
2
Test for issue of warrant
3
(2) The Minister is only to issue an identified person warrant in
4
relation to the person if he or she is satisfied that:
5
(a) the person is engaged in or is reasonably suspected by the
6
Director-General of being engaged in, or of being likely to
7
engage in, activities prejudicial to security; and
8
(b) the issuing of the warrant in relation to the person will, or is
9
likely to, substantially assist the collection of intelligence
10
relevant to security.
11
Requirements for warrant
12
(3) The identified person warrant must:
13
(a) be signed by the Minister; and
14
(b) identify the person:
15
(i) if the name of the person is known--by specifying the
16
person's name; or
17
(ii) otherwise--by including other details sufficient to
18
identify the person; and
19
(c) give conditional approval for the Organisation to do one or
20
more of the following:
21
(i) access records or other things in or on premises;
22
(ii) access data held in computers;
23
(iii) use one or more kinds of surveillance devices;
24
(iv) access postal articles that are in the course of the post;
25
(v) access articles that are being delivered by a delivery
26
service provider.
27
Note:
Conditional approval does not, of itself, authorise the Organisation to
28
do things under an identified person warrant. Things can only be done
29
under the warrant if the Organisation is subsequently authorised to do
30
those things: see sections 27D to 27H.
31
Duration of warrant
32
(4) An identified person warrant must specify the period during which
33
it is to remain in force. The period must not be more than 6
34
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43
months, although the Minister may revoke the warrant before the
1
period has expired.
2
Issue of further warrants not prevented
3
(5) Subsection (4) does not prevent the issue of any further warrant.
4
Warrant may be subject to restrictions or conditions
5
(6) An identified person warrant is subject to any restrictions or
6
conditions specified in it.
7
27D Authority under identified person warrant--search of premises
8
and persons
9
(1) This section applies if an identified person warrant in relation to a
10
person (the identified person) gives conditional approval for the
11
Organisation to access records or other things in or on premises.
12
Things that may be authorised under warrant
13
(2) Subject to subsection (3), the Minister or the Director-General
14
may, on request, authorise the Organisation to do one or more of
15
the following things under the identified person warrant in relation
16
to one or more specified premises (the subject premises):
17
(a) enter the subject premises;
18
(b) enter any premises for the purposes of gaining entry to or
19
exiting the subject premises;
20
(c) search the subject premises for the purpose of finding records
21
or other things relevant to the prejudicial activities of the
22
identified person;
23
(d) open any safe, box, drawer, parcel, envelope or other
24
container in or on the premises in which there is reasonable
25
cause to believe that records or other things relevant to the
26
prejudicial activities of the identified person may be found;
27
(e) conduct an ordinary search or a frisk search of the identified
28
person or any other person if:
29
(i) the person is at or near the subject premises when the
30
authority given by this subsection is exercised; and
31
(ii) there is reasonable cause to believe that the person has,
32
on his or her person, records or other things that are
33
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National Security Legislation Amendment Bill (No. 1) 2014
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relevant to the prejudicial activities of the identified
1
person;
2
(f) inspect or otherwise examine any records or other things so
3
found, and make copies or transcripts of any such record or
4
other thing that appears to be relevant to the collection of
5
intelligence by the Organisation in accordance with this Act;
6
(g) remove and retain any record or other thing so found, for the
7
purposes of:
8
(i) inspecting or examining it; and
9
(ii) making copies or transcripts of it;
10
(h) if there is reasonable cause to believe that data relevant to the
11
prejudicial activities of the identified person may be
12
accessible by using a computer or other electronic equipment,
13
or a data storage device, brought to or found on the subject
14
premises--use the computer, equipment or device for the
15
purpose of obtaining access to any such data and, if necessary
16
to achieve that purpose, add, copy, delete or alter other data
17
in the computer, equipment or device;
18
(i) if paragraph (h) applies--use the computer, equipment or
19
device to do any of the following:
20
(i) inspect and examine any data to which access has been
21
obtained;
22
(ii) convert any data to which access has been obtained, that
23
appears to be relevant to the collection of intelligence by
24
the Organisation in accordance with this Act, into
25
documentary form and removing any such document;
26
(iii) copy any data to which access has been obtained, that
27
appears to be relevant to the collection of intelligence by
28
the Organisation in accordance with this Act, to any
29
data storage device and remove the device;
30
(j) any thing reasonably necessary to conceal the fact that any
31
thing has been done under the warrant;
32
(k) any other thing reasonably incidental to any of the above.
33
Test for authorisation
34
(3) The Minister or the Director-General is only to give an
35
authorisation under subsection (2) if the Minister or the
36
Director-General is satisfied, on reasonable grounds, that doing
37
that thing or those things under the warrant in relation to the
38
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45
subject premises will substantially assist the collection of
1
intelligence relevant to the prejudicial activities of the identified
2
person.
3
Additional rules applying to authorisations
4
(4) An ordinary search or frisk search of a person that is authorised
5
under paragraph (2)(e) must, if practicable, be conducted by a
6
person of the same sex as the person being searched.
7
(5) A record or other thing retained as mentioned in paragraph (2)(g)
8
may be retained:
9
(a) if returning the record or thing would be prejudicial to
10
security--only until returning the record or thing would no
11
longer be prejudicial to security; and
12
(b) otherwise--for only such time as is reasonable.
13
Certain acts not authorised
14
(6) Paragraph (2)(e) does not authorise a strip search or a search of a
15
person's body cavities.
16
(7) Paragraphs (2)(h) to (k) do not authorise the addition, deletion or
17
alteration of data, or the doing of any thing, that is likely to:
18
(a) materially interfere with, interrupt or obstruct the lawful use
19
by other persons of a computer or other electronic equipment,
20
or a data storage device, found on the subject premises unless
21
the addition, deletion or alteration, or the doing of the thing,
22
is necessary to do the things authorised under one or more of
23
those paragraphs; or
24
(b) cause any other material loss or damage to other persons
25
lawfully using the computer, equipment or device.
26
27E Authority under identified person warrant--computer access
27
(1) This section applies if an identified person warrant in relation to a
28
person (the identified person) gives conditional approval for the
29
Organisation to access data held in computers.
30
Things that may be authorised under warrant
31
(2) Subject to subsection (4), the Minister or the Director-General
32
may, on request, authorise the Organisation to do one or more of
33
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the following things under the identified person warrant in relation
1
to a computer (the target computer):
2
(a) enter specified premises for the purposes of doing the things
3
authorised under this subsection;
4
(b) enter any premises for the purposes of gaining entry to or
5
exiting the specified premises;
6
(c) use:
7
(i) the target computer; or
8
(ii) a telecommunications facility operated or provided by
9
the Commonwealth or a carrier; or
10
(iii) any other electronic equipment; or
11
(iv) a data storage device;
12
for the purpose of obtaining access to data (the relevant data)
13
that is relevant to the prejudicial activities of the identified
14
person and is held in the target computer at any time while
15
the authorisation is in force and, if necessary to achieve that
16
purpose, add, copy, delete or alter other data in the target
17
computer;
18
(d) if, having regard to other methods (if any) of obtaining access
19
to the relevant data which are likely to be as effective, it is
20
reasonable in all the circumstances to do so--use any other
21
computer or a communication in transit for the purpose
22
referred to in paragraph (c) and, if necessary to achieve that
23
purpose, add, copy, delete or alter other data in the computer
24
or the communication in transit;
25
(e) copy any data to which access has been obtained, that
26
appears to be relevant to the collection of intelligence by the
27
Organisation in accordance with this Act;
28
(f) any thing reasonably necessary to conceal the fact that any
29
thing has been done under the warrant;
30
(g) any other thing reasonably incidental to any of the above.
31
Target computer
32
(3) For the purposes of subsection (2), the target computer may be any
33
one or more of the following:
34
(a) a particular computer;
35
(b) a computer on particular premises;
36
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(c) a computer associated with, used by or likely to be used by a
1
person (whose identity may or may not be known).
2
Test for authorisation
3
(4) The Minister or the Director-General is only to give an
4
authorisation under subsection (2) if the Minister or the
5
Director-General is satisfied, on reasonable grounds, that doing
6
that thing or those things under the warrant in relation to the target
7
computer will substantially assist the collection of intelligence
8
relevant to the prejudicial activities of the identified person.
9
Certain acts not authorised
10
(5) Subsection (2) does not authorise the addition, deletion or
11
alteration of data, or the doing of any thing, that is likely to:
12
(a) materially interfere with, interrupt or obstruct a
13
communication in transit or the lawful use by other persons
14
of a computer unless the addition, deletion or alteration, or
15
the doing of the thing, is necessary to do one or more of the
16
things authorised under subsection (2); or
17
(b) cause any other material loss or damage to other persons
18
lawfully using a computer.
19
27F Authority under identified person warrant--surveillance
20
devices
21
(1) This section applies if an identified person warrant in relation to a
22
person (the identified person) gives conditional approval for the
23
Organisation to use one or more kinds of surveillance devices.
24
Things that may be authorised under warrant
25
(2) Subject to subsection (3), the Minister or the Director-General
26
may, on request, authorise the Organisation to do one or more of
27
the following things under the identified person warrant:
28
(a) install, use and maintain surveillance devices of the kind
29
specified in the conditional approval to:
30
(i) listen to, record, observe or monitor the words, sounds
31
or signals communicated to or by the identified person,
32
or the activities of the identified person; or
33
(ii) track the identified person;
34
Schedule 2 Powers of the Organisation
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48
National Security Legislation Amendment Bill (No. 1) 2014
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(b) install, use and maintain surveillance devices of the kind
1
specified in the conditional approval:
2
(i) in or on premises where the identified person is
3
reasonably believed to be or likely to be; or
4
(ii) in or on any other specified premises from which the
5
activities of the identified person, or the words, sounds
6
or signals communicated by or to the identified person,
7
can be listened to, recorded, observed or monitored;
8
(c) enter the premises referred to in paragraph (b) for any of the
9
purposes referred to in paragraph (a) or (b) or in
10
subsection 26B(4), (5) or (6) (as those subsections apply
11
because of this section);
12
(d) install, use and maintain surveillance devices of the kind
13
specified in the conditional approval in or on any object used
14
or worn, or likely to be used or worn, by the identified
15
person;
16
(e) enter into or onto, or alter, an object referred to in
17
paragraph (d);
18
(f) enter any premises in which an object referred to in
19
paragraph (d) is or is likely to be found, for any of the
20
purposes referred to in that paragraph or in
21
subsection 26B(4), (5) or (6) (as those subsections apply
22
because of this section);
23
(g) enter any other premises, for the purposes of gaining entry to
24
or exiting premises referred to in paragraph (b) or (f);
25
(h) any other thing reasonably incidental to any of the above.
26
Test for authorisation
27
(3) The Minister or the Director-General is only to give an
28
authorisation under subsection (2) if the Minister or the
29
Director-General is satisfied, on reasonable grounds, that doing
30
that thing or those things under the warrant will substantially assist
31
the collection of intelligence relevant to the prejudicial activities of
32
the identified person.
33
(4) If an authorisation is given under subsection (2) in relation to a
34
surveillance device, the identified person warrant under which the
35
authorisation is given also authorises the Organisation to do the
36
things mentioned in subsection 26B(4) in relation to the device.
37
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49
(5) If the Organisation installs or uses a surveillance device under the
1
identified person warrant, the Organisation is authorised to do the
2
things mentioned in subsections 26B(5) and (6) in relation to the
3
device.
4
(6) For the purposes of subsections (4) and (5) of this section,
5
section 26B applies as if references in that section to a surveillance
6
device warrant were references to an identified person warrant.
7
27G Authority under identified person warrant--inspection of
8
postal articles
9
(1) This section applies if an identified person warrant in relation to a
10
person (the identified person) gives conditional approval for the
11
Organisation to access postal articles while the articles are in the
12
course of the post.
13
Things that may be authorised under warrant
14
(2) Subject to subsection (4), the Minister or the Director-General
15
may, on request, authorise the Organisation to do one or more of
16
the things mentioned in subsection (3) under the identified person
17
warrant in relation to any of the following:
18
(a) articles posted by or on behalf of the identified person;
19
(b) articles addressed to the identified person;
20
(c) articles reasonably suspected by a person authorised to
21
exercise the authority of the Organisation under the warrant
22
to be intended to be received by the identified person.
23
(3) The things are as follows:
24
(a) inspect and make copies of the articles, or the covers of the
25
articles;
26
(b) open the articles;
27
(c) inspect and make copies of the contents of the articles;
28
(d) any other thing reasonably incidental to any of the above.
29
Test for authorisation
30
(4) The Minister or the Director-General is only to give an
31
authorisation under subsection (2) if the Minister or the
32
Director-General is satisfied, on reasonable grounds, that doing
33
that thing or those things under the warrant will substantially assist
34
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National Security Legislation Amendment Bill (No. 1) 2014
No. , 2014
the collection of intelligence relevant to the prejudicial activities of
1
the identified person.
2
Rules relating to the Australian Postal Corporation
3
(5) If an authorisation is given under this section, the Director-General
4
must, as soon as practicable:
5
(a) inform the Australian Postal Corporation of that fact; and
6
(b) give a certified copy of the authorisation to the Australian
7
Postal Corporation.
8
(6) If either of the following is revoked:
9
(a) an authorisation under this section;
10
(b) the identified person warrant under which the authorisation is
11
given;
12
the Director-General must:
13
(c) inform the Australian Postal Corporation of that fact; and
14
(d) give a certified copy of the instrument of revocation to the
15
Australian Postal Corporation.
16
(7) The Australian Postal Corporation must provide all reasonable
17
assistance to a person acting in accordance with an authorisation
18
under this section.
19
Relationship with other laws
20
(8) Nothing in Part VIIA of the Crimes Act 1914 or the Australian
21
Postal Corporation Act 1989 prohibits the doing of anything under
22
or for the purposes of an authorisation under this section.
23
27H Authority under identified person warrant--inspection of
24
delivery articles
25
(1) This section applies if an identified person warrant in relation to a
26
person (the identified person) gives conditional approval for the
27
Organisation to access articles while the articles are being
28
delivered by a delivery service provider.
29
Things that may be authorised under warrant
30
(2) Subject to subsection (4), the Minister or the Director-General
31
may, on request, authorise the Organisation to do one or more of
32
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51
the things mentioned in subsection (3) in relation to any of the
1
following:
2
(a) articles posted by or on behalf of the identified person;
3
(b) articles addressed to the identified person;
4
(c) articles reasonably suspected by a person authorised to
5
exercise the authority of the Organisation under the warrant
6
to be intended to be received by the identified person.
7
(3) The things are as follows:
8
(a) inspect and make copies of the articles, or the covers of the
9
articles;
10
(b) open the articles;
11
(c) inspect and make copies of the contents of the articles;
12
(d) any other thing reasonably incidental to any of the above.
13
Test for authorisation
14
(4) The Minister or the Director-General is only to give an
15
authorisation under subsection (2) if the Minister or the
16
Director-General is satisfied, on reasonable grounds, that doing
17
that thing or those things under the warrant will substantially assist
18
the collection of intelligence relevant to the prejudicial activities of
19
the identified person.
20
Definitions
21
(5) In this section:
22
article has the same meaning as in section 27AA.
23
delivery service provider has the same meaning as in
24
section 27AA.
25
27J Authority under identified person warrants--general rules
26
Requests for authorisations
27
(1) A request for an authorisation under this Subdivision may be made:
28
(a) if the request is to the Minister--by the Director-General; or
29
(b) if the request is to the Director-General--by an ASIO
30
employee or an ASIO affiliate.
31
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Part 1 Amendments
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National Security Legislation Amendment Bill (No. 1) 2014
No. , 2014
(2) The request must specify the facts and other grounds on which the
1
person making the request considers it necessary that the
2
authorisation should be given.
3
Requirements for authorisations
4
(3) An authorisation under this Subdivision:
5
(a) must be in writing; and
6
(b) must identify the identified person warrant under which the
7
authorisation is given; and
8
(c) must specify:
9
(i) for an authorisation under section 27D (search of
10
premises or persons)--the subject premises; and
11
(ii) for an authorisation under section 27E (computer
12
access)--the target computer; and
13
(iii) the thing or things that are authorised to be done; and
14
(iv) the restrictions or conditions (if any) to which the
15
authorisation is subject; and
16
(v) the period during which the authorisation is in force;
17
and
18
(d) must authorise the use of any force against persons and
19
things that is necessary and reasonable to do the things
20
covered by the authorisation; and
21
(e) if the authorisation authorises entering premises--must state
22
whether entry is authorised to be made at any time of the day
23
or night or during stated hours of the day or night.
24
(4) A restriction or condition specified in an authorisation must not be
25
inconsistent with any restrictions or conditions specified in the
26
identified person warrant under which the authorisation is given.
27
(5) For the purposes of subparagraph (3)(c)(v), the period:
28
(a) in the case of an authorisation under section 27D (search of
29
premises and persons)--must not be more than 90 days; and
30
(b) in any case--must not end after the end of the period for
31
which the identified person warrant under which the
32
authorisation is given is in force.
33
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53
When authorisations cease to be in force
1
(6) An authorisation under this Subdivision ceases to be in force at the
2
earliest of the following times:
3
(a) the time the identified person warrant under which the
4
authorisation is given ceases to be in force;
5
(b) the time it is revoked by the Minister or the Director-General;
6
(c) the time specified in the authorisation.
7
Other matters
8
(7) To avoid doubt, for the purposes of this Act, the authority
9
conferred by an identified person warrant includes the authority
10
conferred by an authorisation under this Subdivision under the
11
warrant.
12
(8) To avoid doubt, nothing in this Subdivision prevents 2 or more
13
authorisations under this Subdivision from being given under the
14
same identified persons warrant at any time while the warrant is in
15
force.
16
(9) An authorisation under this Subdivision is not a legislative
17
instrument.
18
42 Before section 28
19
Insert:
20
Subdivision H--General provisions relating to warrants
21
43 Paragraph 29(1)(a)
22
Omit "26B, 26C,".
23
44 After section 29
24
Insert:
25
29A Variation of warrants issued under this Division
26
(1) The Minister may, on request by the Director-General, vary a
27
warrant issued under this Division (other than under section 29).
28
(2) The variation must be in writing.
29
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Part 1 Amendments
54
National Security Legislation Amendment Bill (No. 1) 2014
No. , 2014
(3) If the variation extends, or further extends, the period during which
1
the warrant is in force, the total period during which the warrant is
2
in force must not exceed:
3
(a) for a warrant issued under section 25--90 days; or
4
(b) for a warrant issued under section 25A, 26, 27, 27AA or
5
27C--6 months.
6
(4) The request by the Director-General must specify:
7
(a) the facts and other grounds on which the Director-General
8
considers it necessary that the warrant should be varied; and
9
(b) where appropriate--the grounds on which the
10
Director-General suspects a person of being engaged in or
11
reasonably suspected by the Director-General of being
12
engaged in, or of being likely to engage in, activities
13
prejudicial to security.
14
(5) A warrant may be varied more than once under this section.
15
45 Section 30
16
Repeal the section, substitute:
17
30 Discontinuance of action before expiration of warrant
18
(1) Subject to subsection (3), if the Director-General is satisfied that
19
the grounds on which a warrant under this Division was issued
20
have ceased to exist, the Director-General must, as soon as
21
practicable:
22
(a) inform the Minister of that fact; and
23
(b) take such steps as are necessary to ensure that action under
24
the warrant is discontinued.
25
(2) For the purposes of paragraph (1)(b), action under a warrant:
26
(a) includes action under an authorisation given under an
27
identified person warrant; but
28
(b) does not include the recovery of a surveillance device or any
29
enhancement equipment in relation to the device.
30
(3) If:
31
(a) a surveillance device warrant was issued in relation to more
32
than one of the matters mentioned in paragraph 26(2)(a); and
33
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Amendments Part 1
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National Security Legislation Amendment Bill (No. 1) 2014
55
(b) the grounds on which the warrant was issued continue to
1
exist for at least one of those matters;
2
subsection (1) applies only in relation to the matters for which the
3
grounds have ceased to exist.
4
46 After section 32
5
Insert:
6
33 Relationship with other laws
7
Computer access--relationship with the Telecommunications
8
(Interception and Access) Act 1979
9
(1) Nothing in section 25A, 27A or 27E, or in a warrant or
10
authorisation under those sections, authorises, for the purposes of
11
the Telecommunications (Interception and Access) Act 1979, the
12
interception of a communication passing over a
13
telecommunications system operated by a carrier or a carriage
14
service provider.
15
Listening devices--relationship with the Telecommunications
16
(Interception and Access) Act 1979
17
(2) Nothing in section 26B, 27A or 27F, or in a warrant or
18
authorisation under those sections, applies to or in relation to the
19
use of a listening device for a purpose that would, for the purposes
20
of the Telecommunications (Interception and Access) Act 1979,
21
constitute the interception of a communication passing over a
22
telecommunications system operated by a carrier or a carriage
23
service provider.
24
Surveillance devices--interaction with other laws
25
(3) Despite any other law of the Commonwealth, a State or a Territory
26
(including the common law), a person acting on behalf of the
27
Organisation does not act unlawfully by installing, using or
28
maintaining a surveillance device if the person does so:
29
(a) in accordance with a warrant issued under section 26, 27A or
30
27C; or
31
(b) in accordance with subsection 26B(5) or (6), section 26C,
32
26D, or 26E, or subsection 27A(3A) or (3B) or 27F(5).
33
Schedule 2 Powers of the Organisation
Part 1 Amendments
56
National Security Legislation Amendment Bill (No. 1) 2014
No. , 2014
47 At the end of Division 2 of Part III
1
Add:
2
34AA Evidentiary certificates
3
(1) Subject to subsection (2), the Director-General or a Deputy
4
Director-General may issue a written certificate setting out such
5
facts as he or she considers relevant with respect to acts or things
6
done by, on behalf of, or in relation to, the Organisation:
7
(a) in connection with a relevant warrant; or
8
(b) in accordance with a relevant authorising provision.
9
(2) A certificate may be issued with respect to acts or things done in
10
connection with:
11
(a) a warrant issued under section 27A or 29, but only if the
12
warrant authorises the doing of acts or things referred to in
13
section 25A or 26B, and only with respect to those acts or
14
things; or
15
(b) a warrant issued under section 27C, but only if acts or things
16
are authorised under section 27E or 27F under the warrant,
17
and only with respect to those acts or things.
18
(3) Without limiting subsection (1), the certificate may set out one or
19
more of the following:
20
(a) if premises were entered under the relevant warrant or
21
relevant authorising provision:
22
(i) details of the premises; or
23
(ii) the time of day or night the premises were entered;
24
(b) if data was accessed under the relevant warrant or relevant
25
authorising provision--details of the computer,
26
telecommunications facility, electronic equipment, data
27
storage device or communication in transit used for the
28
purpose of obtaining such access;
29
(c) if the warrant is a surveillance device warrant--the matters
30
required to be specified under section 26A for the warrant;
31
(d) if one or more surveillance devices were installed, used or
32
maintained under the relevant warrant or relevant authorising
33
provision:
34
(i) details of the installation, use or maintenance of the
35
surveillance device or devices; or
36
Powers of the Organisation Schedule 2
Amendments Part 1
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National Security Legislation Amendment Bill (No. 1) 2014
57
(ii) details of the installation, use or maintenance of any
1
enhancement equipment in relation to the surveillance
2
device; or
3
(iii) details of the processes and procedures employed to use
4
the surveillance device or devices, or any enhancement
5
equipment; or
6
(iv) details of acts or things done for the purposes of
7
recovering the surveillance device or devices, or any
8
enhancement equipment;
9
(e) details of things done under the relevant warrant or relevant
10
authorising provision that were reasonably necessary to
11
conceal the fact that things were done under the relevant
12
warrant or relevant authorising provision;
13
(f) details of persons who exercised the authority given by the
14
relevant warrant or relevant authorising provision;
15
(g) details of things done under the relevant warrant or relevant
16
authorising provision that were reasonably incidental to any
17
of the acts or things done by, on behalf of, or in relation to,
18
the Organisation in connection with the relevant warrant or
19
relevant authorising provision.
20
(4) In a proceeding, a certificate under subsection (1) is prima facie
21
evidence of the matters stated in the certificate.
22
(5) In this section:
23
proceeding means:
24
(a) a proceeding or proposed proceeding in a federal court, or in
25
a court of a State or Territory; or
26
(b) a proceeding or proposed proceeding (including a hearing or
27
examination, or proposed hearing or examination) by or
28
before:
29
(i) a tribunal in Australia; or
30
(ii) any other body, authority or person in Australia having
31
power to hear or examine evidence.
32
relevant authorising provision means subsection 26B(5) or (6),
33
section 26C, 26D or 26E or subsection 27A(3A) or (3B) or 27F(5).
34
relevant warrant means a warrant issued under section 25A, 26,
35
27A, 27C or 29.
36
Schedule 2 Powers of the Organisation
Part 2 Consequential amendments
58
National Security Legislation Amendment Bill (No. 1) 2014
No. , 2014
Part 2
--Consequential amendments
1
Telecommunications (Interception and Access) Act 1979
2
48 After paragraph 108(2)(c)
3
Insert:
4
(ca) accessing a stored communication under an authorisation
5
given under a warrant in accordance with section 27E of the
6
Australian Security Intelligence Organisation Act 1979; or
7
49 At the end of paragraph 108(2)(f)
8
Add:
9
(iv) authorisations given under warrants in accordance with
10
section 27E of the Australian Security Intelligence
11
Organisation Act 1979; or
12
Powers of the Organisation Schedule 2
Application, transitional and savings provisions Part 3
No. , 2014
National Security Legislation Amendment Bill (No. 1) 2014
59
Part 3
--Application, transitional and savings
1
provisions
2
50 Application, transitional and savings provisions
3
(1)
Subject to this item, the amendments made by this Schedule do not
4
apply in relation to:
5
(a) warrants requested before the commencement of this
6
Schedule; or
7
(b) warrants issued before the commencement of this Schedule.
8
(2)
If, immediately before the commencement of this Schedule, a person
9
was approved under subsection 24(1) of the Australian Security
10
Intelligence Organisation Act 1979, the person is taken, after that
11
commencement, to be a person approved under subsection 24(2) of that
12
Act as amended by this Schedule.
13
(3)
If, immediately before the commencement of this Schedule, a person
14
was an authorising officer for the purposes of subsection 24(1) of the
15
Australian Security Intelligence Organisation Act 1979, the person is
16
taken, after that commencement, to be a person appointed under
17
subsection 24(3) of that Act as amended by this Schedule.
18
(4)
Section 34AA of the Australian Security Intelligence Organisation Act
19
1979, as inserted by this Schedule, applies in relation to:
20
(a) warrants issued, and authorisations given, after the
21
commencement of this Schedule; and
22
(b) proceedings commenced after that commencement.
23
Schedule 3 Protection for special intelligence operations
60
National Security Legislation Amendment Bill (No. 1) 2014
No. , 2014
Schedule 3
--Protection for special
1
intelligence operations
2
3
Australian Security Intelligence Organisation Act 1979
4
1 Section 4
5
Insert:
6
authorising officer means:
7
(a) the Director-General; or
8
(b) a Deputy Director-General.
9
engage in conduct has the same meaning as in the Criminal Code.
10
participant in a special intelligence operation means a person who
11
is authorised under Division 4 of Part III to engage in special
12
intelligence conduct for the purposes of the special intelligence
13
operation.
14
special intelligence conduct means conduct for or in relation to
15
which a person would, but for section 35K, be subject to civil or
16
criminal liability under a law of the Commonwealth, a State or a
17
Territory.
18
special intelligence function means a function of the Organisation
19
under paragraph 17(1)(a), (b), (e) or (f).
20
special intelligence operation is an operation:
21
(a) in relation to which a special intelligence operation authority
22
has been granted; and
23
(b) that is carried out for a purpose relevant to the performance
24
of one or more special intelligence functions; and
25
(c) that may involve an ASIO employee or an ASIO affiliate in
26
special intelligence conduct.
27
special intelligence operation authority means an authority to
28
conduct a special intelligence operation granted under section 35C.
29
2 Subsection 34ZF(8)
30
Repeal the subsection.
31
Protection for special intelligence operations Schedule 3
No. , 2014
National Security Legislation Amendment Bill (No. 1) 2014
61
3 At the end of Part III
1
Add:
2
Division 4--Special intelligence operations
3
35A Relationship to other laws and matters
4
(1) Subject to subsection (2) and section 35R, this Division is not
5
intended to limit a discretion that a court has:
6
(a) to admit or exclude evidence in any proceedings; or
7
(b) to stay criminal proceedings in the interests of justice.
8
(2) In determining whether evidence should be admitted or excluded in
9
any proceedings, the fact that the evidence was obtained as a result
10
of a person engaging in criminal activity is to be disregarded if:
11
(a) the person was a participant in a special intelligence
12
operation authorised under this Division acting in the course
13
of the special intelligence operation; and
14
(b) the criminal activity was special intelligence conduct.
15
35B Applications for authorities to conduct special intelligence
16
operations
17
(1) An ASIO employee may apply to an authorising officer for an
18
authority to conduct a special intelligence operation on behalf of
19
the Organisation.
20
(2) An application may be made:
21
(a) in writing signed by the applicant; or
22
(b) if the applicant reasonably believes that the delay caused by
23
making a written application may be prejudicial to security--
24
orally in person, or by telephone or other means of
25
communication.
26
(3) To avoid doubt, nothing in this Division prevents an application for
27
a special intelligence operation authority being made in respect of a
28
special intelligence operation that has been the subject of a
29
previous application.
30
Note:
A special intelligence operation authority can be varied, but not so as
31
to extend beyond 12 months--see section 35F.
32
Schedule 3 Protection for special intelligence operations
62
National Security Legislation Amendment Bill (No. 1) 2014
No. , 2014
(4) As soon as practicable after making an application in accordance
1
with paragraph (2)(b), the applicant must:
2
(a) make a written record of the application; and
3
(b) give a copy of it to the authorising officer to whom the
4
application was made.
5
35C Granting of special intelligence operation authorities
6
(1) If:
7
(a) an application for an authority to conduct a special
8
intelligence operation is made under section 35B; and
9
(b) the authorising officer to whom the application was made is
10
satisfied on reasonable grounds of the matters in
11
subsection (2);
12
the authorising officer may authorise the special intelligence
13
operation by granting the authority.
14
(2) The matters are as follows:
15
(a) the special intelligence operation will assist the Organisation
16
in the performance of one or more special intelligence
17
functions;
18
(b) the circumstances are such as to justify the conduct of a
19
special intelligence operation;
20
(c) any unlawful conduct involved in conducting the special
21
intelligence operation will be limited to the maximum extent
22
consistent with conducting an effective special intelligence
23
operation;
24
(d) the special intelligence operation will not be conducted in
25
such a way that a person is likely to be induced to commit an
26
offence against a law of the Commonwealth, a State or a
27
Territory that the person would not otherwise have intended
28
to commit;
29
(e) any conduct involved in the special intelligence operation
30
will not:
31
(i) cause the death of, or serious injury to, any person; or
32
(ii) involve the commission of a sexual offence against any
33
person; or
34
(iii) result in significant loss of, or serious damage to,
35
property.
36
Protection for special intelligence operations Schedule 3
No. , 2014
National Security Legislation Amendment Bill (No. 1) 2014
63
(3) A special intelligence operation authority may be granted
1
unconditionally or subject to conditions.
2
(4) A special intelligence operation authority may be granted:
3
(a) by means of a written document signed by the authorising
4
officer; or
5
(b) if the authorising officer reasonably believes that the delay
6
caused by giving a written authority may be prejudicial to
7
security--orally in person, or by telephone or other means of
8
communication.
9
(5) If a special intelligence operation authority is granted in
10
accordance with paragraph (4)(b), the authorising officer must,
11
within 7 days, issue a written record of the special intelligence
12
operation authority that complies with section 35D.
13
(6) To avoid doubt, nothing in this Division prevents a special
14
intelligence operation authority being granted in respect of a
15
special intelligence operation that has been the subject of a
16
previous special intelligence operation authority.
17
Note:
A special intelligence operation authority can be varied, but not so as
18
to extend beyond 12 months--see section 35F.
19
(7) The following are not legislative instruments:
20
(a) a document referred to in paragraph (4)(a);
21
(b) a written record referred to in subsection (5).
22
35D Contents of special intelligence operation authorities
23
(1) A special intelligence operation authority must:
24
(a) state how the special intelligence operation will assist the
25
Organisation in the performance of one or more special
26
intelligence functions; and
27
(b) identify the persons authorised to engage in special
28
intelligence conduct for the purposes of the special
29
intelligence operation; and
30
(c) state a general description of the nature of the special
31
intelligence conduct that the persons referred to in
32
paragraph (b) may engage in; and
33
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(d) specify the period of effect of the special intelligence
1
operation authority, being a period not exceeding 12 months;
2
and
3
(e) specify any conditions to which the conduct of the special
4
intelligence operation is subject; and
5
(f) state the date and time when the special intelligence
6
operation authority is granted.
7
(2) A person is sufficiently identified for the purposes of
8
paragraph (1)(b) if the person is identified:
9
(a) by an assumed name under which the person is operating; or
10
(b) by a code name or code number;
11
as long as the authorising officer can match the assumed name,
12
code name or code number to the person's identity.
13
35E Commencement and duration of special intelligence operation
14
authorities
15
(1) A special intelligence operation authority comes into force at the
16
time the special intelligence operation authority is granted under
17
section 35C.
18
(2) A special intelligence operation authority has effect for the period
19
specified in accordance with paragraph 35D(1)(d) unless:
20
(a) it is cancelled before the end of the period of effect; or
21
(b) the period of effect is extended under section 35F.
22
35F Variation of special intelligence operation authorities
23
(1) An authorising officer may vary a special intelligence operation
24
authority:
25
(a) at any time on the authorising officer's own initiative; or
26
(b) on application by an ASIO employee.
27
Application for variation
28
(2) An application under paragraph (1)(b) may be made:
29
(a) in writing signed by the applicant; or
30
(b) if the applicant reasonably believes that the delay caused by
31
making a written application may be prejudicial to security--
32
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65
orally in person, or by telephone or other means of
1
communication.
2
(3) As soon as practicable after making an application in accordance
3
with paragraph (1)(b), the applicant must:
4
(a) make a written record of the application; and
5
(b) give a copy of it to the authorising officer to whom the
6
application was made.
7
Limits on variation
8
(4) The authorising officer must not vary the special intelligence
9
operation authority unless the authorising officer:
10
(a) is satisfied on reasonable grounds that the special intelligence
11
operation, conducted in accordance with the special
12
intelligence operation authority as varied, will assist the
13
Organisation in the performance of one or more special
14
intelligence functions; and
15
(b) considers it appropriate to do so.
16
(5) If a variation extends, or further extends, the period of effect of a
17
special intelligence operation authority, the total period of effect
18
must not be longer than 12 months.
19
Manner of variation
20
(6) The variation may be made:
21
(a) by means of a written document signed by the authorising
22
officer; or
23
(b) if the authorising officer reasonably believes that the delay
24
caused by giving a written variation may be prejudicial to
25
security--orally in person, or by telephone or other means of
26
communication.
27
(7) If a special intelligence operation authority is varied in accordance
28
with paragraph (6)(b), the authorising officer must, within 7 days,
29
issue a written record of the variation, signed by the authorising
30
officer.
31
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Authority may be varied more than once
1
(8) A special intelligence operation authority may be varied more than
2
once under this section.
3
35G Cancellation of special intelligence operation authorities
4
(1) An authorising officer may cancel a special intelligence operation
5
authority at any time and for any reason.
6
(2) A cancellation of a special intelligence operation authority must:
7
(a) be in writing; and
8
(b) specify when the cancellation takes effect.
9
35H Effect of special intelligence operation authorities
10
(1) A special intelligence operation authority authorises each person
11
who is identified in the special intelligence operation authority to
12
engage in the special intelligence conduct specified in the special
13
intelligence operation authority in respect of that person.
14
(2) The authorisation, in relation to a person identified in the special
15
intelligence operation authority, is for the period of effect of the
16
special intelligence operation authority, unless:
17
(a) the special intelligence operation authority specifies a shorter
18
period during which the person is so authorised; or
19
(b) the special intelligence operation authority is varied under
20
section 35F to provide that the person is no longer so
21
authorised; or
22
(c) the special intelligence operation authority is cancelled
23
before the end of that period.
24
35J Defect in a special intelligence operation authority
25
An application for a special intelligence operation authority or
26
variation of such an authority, and any special intelligence
27
operation authority or variation of such an authority granted on the
28
basis of such an application, is not invalidated by any defect, other
29
than a defect that affects the application, special intelligence
30
operation authority or variation in a material particular.
31
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35K Immunity from liability for special intelligence conduct during
1
special intelligence operations
2
(1) A participant in a special intelligence operation is not subject to
3
any civil or criminal liability for or in relation to conduct if:
4
(a) the participant engages in the conduct in the course of, and
5
for the purposes of, the special intelligence operation; and
6
(b) the participant engages in the conduct in accordance with the
7
special intelligence operation authority to conduct the special
8
intelligence operation; and
9
(c) the participant is identified in the special intelligence
10
operation authority as a person authorised to engage in
11
special intelligence conduct for the purposes of the special
12
intelligence operation; and
13
(d) the conduct does not involve the participant intentionally
14
inducing another person to commit an offence against a law
15
of the Commonwealth, a State or a Territory that the other
16
person would not otherwise have intended to commit; and
17
(e) the conduct does not involve the participant engaging in any
18
conduct that:
19
(i) causes the death of, or serious injury to, any person; or
20
(ii) involves the commission of a sexual offence against any
21
person; or
22
(iii) causes significant loss of, or serious damage to,
23
property; and
24
(f) the requirements (if any) specified in a determination under
25
subsection (2) have been met.
26
(2) The Minister may, by legislative instrument, determine
27
requirements for the purposes of paragraph (1)(f).
28
35L Requirements for warrants etc. not affected
29
(1) If, apart from this Division, the Organisation could not do a
30
particular act without it being authorised by warrant issued under
31
this Act or under Part 2-2 of the Telecommunications (Interception
32
and Access) Act 1979, this Division does not allow the
33
Organisation to do the act without the warrant.
34
(2) If, apart from this Division, the Organisation could not obtain
35
particular information other than in accordance with Division 3 of
36
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Part 4-1 of the Telecommunications (Interception and Access) Act
1
1979, this Division does not allow the Organisation to obtain the
2
information otherwise than in accordance with that Division of the
3
Telecommunications (Interception and Access) Act 1979.
4
(3) This section is enacted to avoid doubt.
5
35M Effect of being unaware of variation or cancellation of special
6
intelligence operation authority
7
(1) If an authority to conduct a special intelligence operation is varied
8
in a way that limits its scope, this Division continues to apply to a
9
participant in the special intelligence operation as if the authority
10
had not been varied in that way, for so long as the participant:
11
(a) is unaware of the variation; and
12
(b) is not reckless about the existence of the variation.
13
(2) If an authority to conduct a special intelligence operation is
14
cancelled, this Division continues to apply to a person who was a
15
participant in the special intelligence operation immediately before
16
the cancellation as if the authority had not been cancelled in that
17
way, for so long as the person:
18
(a) is unaware of the cancellation; and
19
(b) is not reckless about the existence of the cancellation.
20
(3) For the purposes of this section, a person is reckless about the
21
existence of the variation or cancellation of a special intelligence
22
operation authority if:
23
(a) the person is aware of a substantial risk that the variation or
24
cancellation has happened; and
25
(b) having regard to the circumstances known to the person, it is
26
unjustifiable to take the risk that the special intelligence
27
operation authority has not been varied or cancelled.
28
35N Protection from criminal responsibility for certain ancillary
29
conduct
30
(1) This section applies if:
31
(a) a person engages in conduct (the ancillary conduct) that
32
relates to special intelligence conduct (the related conduct)
33
engaged in by another person; and
34
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(b) engaging in the ancillary conduct is an ancillary offence in
1
relation to the offence constituted by the related conduct.
2
(2) Despite any other law of the Commonwealth, a State or a Territory,
3
the person who engaged in the ancillary conduct is not criminally
4
responsible for the ancillary offence, if, at the time the person
5
engaged in the ancillary conduct, he or she believed the related
6
conduct was being engaged in, or would be engaged in, by a
7
participant in a special intelligence operation authorised under this
8
Division.
9
(3) For the purposes of this section, ancillary offence, in relation to an
10
offence constituted by related conduct, means an offence against a
11
law of the Commonwealth, a State or a Territory:
12
(a) of conspiring to commit the offence constituted by the related
13
conduct; or
14
(b) of aiding, abetting, counselling or procuring, inciting or being
15
in any way knowingly concerned in, the commission of the
16
offence constituted by the related conduct.
17
35P Unauthorised disclosure of information
18
Unauthorised disclosure of information
19
(1) A person commits an offence if:
20
(a) the person discloses information; and
21
(b) the information relates to a special intelligence operation.
22
Penalty: Imprisonment for 5 years.
23
Unauthorised disclosure of information--endangering safety, etc.
24
(2) A person commits an offence if:
25
(a) the person discloses information; and
26
(b) the information relates to a special intelligence operation; and
27
(c) either:
28
(i) the person intends to endanger the health or safety of
29
any person or prejudice the effective conduct of a
30
special intelligence operation; or
31
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(ii) the disclosure of the information will endanger the
1
health or safety of any person or prejudice the effective
2
conduct of a special intelligence operation.
3
Penalty: Imprisonment for 10 years.
4
Exceptions
5
(3) Subsections (1) and (2) do not apply if the disclosure was:
6
(a) in connection with the administration or execution of this
7
Division; or
8
(b) for the purposes of any legal proceedings arising out of or
9
otherwise related to this Division or of any report of any such
10
proceedings; or
11
(c) in accordance with any requirement imposed by law; or
12
(d) in connection with the performance of functions or duties, or
13
the exercise of powers, of the Organisation.
14
Note:
A defendant bears an evidential burden in relation to the matters in
15
this subsection--see subsection 13.3(3) of the Criminal Code.
16
Extended geographical jurisdiction
17
(4) Section 15.4 of the Criminal Code (extended geographical
18
jurisdiction--category D) applies to an offence against
19
subsection (1) or (2).
20
(5) Subsection (4) does not, by implication, affect the interpretation of
21
any other provision of this Act.
22
35Q Reports by the Director-General
23
(1) If a special intelligence operation is authorised under this Division,
24
the Director-General must give the Minister and the
25
Inspector-General of Intelligence and Security a written report:
26
(a) if the special intelligence operation authority has effect for a
27
period of 6 months or less--for that period; or
28
(b) otherwise:
29
(i) for the first 6-months during which the special
30
intelligence operation authority has effect; and
31
(ii) for the remainder of the period during which the special
32
intelligence operation authority has effect.
33
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71
(2) A report under subsection (1) must report on the extent to which
1
the special intelligence operation has, during the period to which
2
the report relates, assisted the Organisation in the performance of
3
one or more special intelligence functions.
4
Note:
The Inspector-General of Intelligence and Security has oversight
5
powers in relation to conduct engaged in accordance with this
6
Division: see section 8 of the Inspector-General of Intelligence and
7
Security Act 1986.
8
(3) A report under subsection (1) is not a legislative instrument.
9
35R Evidence relating to granting of special intelligence operation
10
authority
11
(1) An authorising officer may issue a written certificate signed by the
12
authorising officer setting out such facts as the authorising officer
13
considers relevant with respect to the granting of a special
14
intelligence operation authority.
15
(2) In any proceeding, a certificate under subsection (1) is prima facie
16
evidence of the matters stated in the certificate.
17
4 After subsection 94(2)
18
Insert:
19
(2A) A report under subsection (1) must also include a statement of:
20
(a) the total number of applications made under section 35B
21
during the year for the granting of special intelligence
22
operation authorities; and
23
(b) the total number of special intelligence operation authorities
24
granted during the year.
25
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Schedule 4
--ASIO co-operation and
1
information sharing
2
3
Australian Security Intelligence Organisation Act 1979
4
1 Paragraph 18(3)(b)
5
Omit "either", substitute "any of the following subparagraphs apply".
6
2 Subparagraph 18(3)(b)(i)
7
Omit "crime; or", substitute "crime;".
8
3 After subparagraph 18(3)(b)(i)
9
Insert:
10
(ia) the information relates, or appears to relate, to the
11
commission, or intended commission, of an offence
12
against section 92 (publication of identity of ASIO
13
employee or ASIO affiliate);
14
4 At the end of paragraph 19(1)(a)
15
Add "and".
16
5 At the end of subsection 19(1)
17
Add:
18
; and (d) any other person or body whether within or outside Australia.
19
6 At the end of section 92
20
Add:
21
Note:
For communication of information about an offence against this
22
section to appropriate authorities, see subsection 18(3).
23
7 Application
--communication of intelligence etc.
24
The amendments of section 18 of the Australian Security Intelligence
25
Organisation Act 1979 made by this Schedule apply in relation to
26
communications of information made on or after the commencement of
27
this Schedule, whether the information has come into the possession of
28
the Organisation before or after that commencement.
29
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Schedule 5
--Activities and functions of
1
Intelligence Services Act 2001
2
agencies
3
4
1 Section 3
5
Insert:
6
operational security of ASIS means the protection of the integrity
7
of operations undertaken by ASIS from:
8
(a) interference by a foreign person or entity; or
9
(b) reliance on inaccurate or false information.
10
2 Before section 6
11
Insert:
12
Division 1--Functions of the agencies
13
3 After paragraph 6(1)(da)
14
Insert:
15
(db) to undertake activities in accordance with section 13B; and
16
4 Subparagraph 6B(e)(ii)
17
Omit "such imagery or products", substitute "imagery and other
18
geospatial products".
19
5 After subparagraph 6B(e)(ii)
20
Insert:
21
(iia) assistance in relation to the production and use of
22
imagery and other geospatial technologies;
23
6 After subparagraph 9(1A)(a)(iii)
24
Insert:
25
(iiia) activities that pose a risk, or are likely to pose a risk, to
26
the operational security of ASIS;
27
7 Subsection 9(1B) (note)
28
After "crime", insert "and operational security of ASIS".
29
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8 Before section 13
1
Insert:
2
Division 2--Co-operation
3
9 Subsection 13(1A)
4
Omit all the words after "planning or", substitute:
5
undertaking:
6
(a) activities covered by paragraphs 6(4)(a) to (c); or
7
(b) training in the use of weapons or in self-defence techniques;
8
unless, before giving the approval, the Minister consults with the
9
Prime Minister and the Attorney-General.
10
10 Application
--subsection 13(1A)
11
(1)
The amendment of subsection 13(1A) of the Intelligence Services Act
12
2001 made by this Schedule applies in relation to co-operation with an
13
authority, in planning or undertaking training in the use of weapons or
14
in self-defence techniques, on or after the commencement of this
15
Schedule.
16
(2)
Subitem (1) applies whether an approval under paragraph 13(1)(c) of
17
the Intelligence Services Act 2001 was given in relation to the authority
18
before or after the commencement of this Schedule.
19
11 After section 13A
20
Insert:
21
Division 3--Activities undertaken in relation to ASIO
22
13B Activities undertaken in relation to ASIO
23
When an activity may be undertaken in relation to ASIO
24
(1) Subject to section 13D, ASIS may undertake an activity, or a series
25
of activities, if:
26
(a) the activity or series of activities will be undertaken for the
27
specific purpose, or for purposes which include the specific
28
purpose, of producing intelligence on an Australian person or
29
a class of Australian persons; and
30
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(b) the activity or series of activities will be undertaken outside
1
Australia; and
2
(c) the activity or series of activities will be undertaken to
3
support ASIO in the performance of its functions; and
4
(d) either:
5
(i) the Director-General of Security; or
6
(ii) a person who is authorised under section 13C for the
7
purposes of this subparagraph;
8
has, in writing, notified ASIS that ASIO requires the
9
production of intelligence on the Australian person or class of
10
Australian persons.
11
(2) The undertaking of an activity or series of activities under
12
subsection (1) is subject to any conditions specified in the notice
13
under paragraph (1)(d).
14
When notice from ASIO not required--particular activity
15
(3) Paragraph (1)(d) does not apply in relation to the undertaking of a
16
particular activity in relation to a particular Australian person if a
17
staff member of ASIS who:
18
(a) is authorised under subsection (7); and
19
(b) will be undertaking the activity;
20
reasonably believes that it is not practicable in the circumstances
21
for ASIO to notify ASIS in accordance with that paragraph before
22
undertaking the activity.
23
(4) If ASIS undertakes an activity in accordance with subsection (3),
24
ASIS must, as soon as practicable, notify ASIO and the
25
Inspector-General of Intelligence and Security, in writing, of the
26
activity.
27
Effect of this section
28
(5) ASIS may undertake an activity or series of activities under
29
subsection (1) without an authorisation under section 9 for the
30
activity or series of activities.
31
Incidental production of intelligence
32
(6) An activity, or a series of activities, does not cease to be
33
undertaken:
34
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(a) in accordance with this section; or
1
(b) for the specific purpose of supporting ASIO in the
2
performance of its functions;
3
only because, in undertaking the activity or series of activities,
4
ASIS also incidentally produces intelligence that relates to the
5
involvement, or likely involvement, of an Australian person in one
6
or more of the activities set out in paragraph 9(1A)(a).
7
Authorised staff members
8
(7) The Director-General may authorise, in writing, a staff member of
9
ASIS, or a class of such staff members, for the purposes of
10
paragraph (3)(a).
11
Instruments not legislative instruments
12
(8) The following are not legislative instruments:
13
(a) a notice under paragraph (1)(d);
14
(b) a notice under subsection (4);
15
(c) an authorisation made under subsection (7).
16
13C Authorised persons for activities undertaken in relation to
17
ASIO
18
Authorised persons
19
(1) The Director-General of Security may authorise, in writing, a
20
senior position-holder, or a class of senior position-holders, for the
21
purposes of subparagraph 13B(1)(d)(ii).
22
Authorisation is not a legislative instrument
23
(2) An authorisation made under subsection (1) is not a legislative
24
instrument.
25
Definitions
26
(3) For the purposes of this section, senior position-holder has the
27
same meaning as in the Australian Security Intelligence
28
Organisation Act 1979.
29
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13D Certain acts not permitted
1
If ASIO could not undertake a particular act in at least one State or
2
Territory without it being authorised by warrant under Division 2
3
of Part III of the Australian Security Intelligence Organisation Act
4
1979 or under Part 2-2 of the Telecommunications (Interception
5
and Access) Act 1979, this Division does not allow ASIS to
6
undertake the act.
7
13E Director-General to be satisfied of certain matters
8
The Director-General must be satisfied that:
9
(a) there are satisfactory arrangements in place to ensure that
10
activities will be undertaken in accordance with section 13B
11
only for the specific purpose of supporting ASIO in the
12
performance of its functions; and
13
(b) there are satisfactory arrangements in place to ensure that the
14
nature and consequences of acts done in accordance with
15
section 13B will be reasonable, having regard to the purposes
16
for which they are carried out.
17
13F Other matters relating to activities undertaken in relation to
18
ASIO
19
ASIO to be consulted before communicating intelligence
20
(1) If, in undertaking an activity or series of activities in accordance
21
with section 13B, ASIS produces intelligence, ASIS must not
22
communicate the intelligence outside ASIS (other than in
23
accordance with subsection (2)) unless ASIO has been consulted.
24
Intelligence to be communicated to ASIO
25
(2) If, in undertaking an activity or series of activities in accordance
26
with section 13B, ASIS produces intelligence, ASIS must cause the
27
intelligence to be communicated to ASIO as soon as practicable
28
after the production.
29
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Notices to be made available to the Inspector-General of
1
Intelligence and Security
2
(3) If a notice is given to ASIS under paragraph 13B(1)(d), the
3
Director-General must ensure that a copy of the notice is kept by
4
ASIS and is available for inspection on request by the
5
Inspector-General of Intelligence and Security.
6
Reports about activities to be given to the responsible Minister
7
(4) As soon as practicable after each year ending on 30 June, the
8
Director-General must give to the responsible Minister in relation
9
to ASIS a written report in respect of activities undertaken by ASIS
10
in accordance with section 13B during the year.
11
13G Guidelines relating to activities undertaken in relation to ASIO
12
(1) The responsible Minister in relation to ASIO and the responsible
13
Minister in relation to ASIS may jointly make written guidelines
14
relating to the undertaking of activities in accordance with
15
section 13B.
16
(2) Guidelines made under subsection (1) are not a legislative
17
instrument.
18
12 Before section 14
19
Insert:
20
Division 4--Other
21
13 Subsection 14(2)
22
Omit "done inside Australia", substitute "(whether done inside or
23
outside Australia)".
24
14 After subclause 1(1) of Schedule 2
25
Insert:
26
(1A) The provision to a person of a weapon, or training in the use of a
27
weapon or in self-defence techniques, is not prevented by
28
subsection 6(4) if:
29
(a) the person:
30
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(i) is an officer of an authority with which ASIS is
1
co-operating in accordance with paragraph 13(1)(c); or
2
(ii) is an officer (however described) of a Commonwealth
3
authority, or a State authority, and is authorised in that
4
capacity to carry and use weapons; and
5
(b) it is provided in accordance with a Ministerial approval under
6
subclause (3A) in relation to the person; and
7
(c) it is provided for the purpose of enabling the person:
8
(i) to protect himself or herself; or
9
(ii) to protect a staff member or agent of ASIS; or
10
(iii) to protect a person who is co-operating with ASIS in
11
accordance with section 13.
12
15 Subparagraph 1(2)(a)(ii) of Schedule 2
13
After "(1)", insert "or (1A)".
14
16 After subclause 1(2) of Schedule 2
15
Insert:
16
(2A) The use of a weapon or self-defence techniques is not prevented by
17
subsection 6(4) if:
18
(a) the weapon or techniques are used in the proper performance
19
of a function of ASIS; and
20
(b) the weapon or techniques are used in a controlled
21
environment; and
22
(c) guidelines have been issued by the Director-General under
23
subclause (6); and
24
(d) the weapon or techniques are used in compliance with those
25
guidelines.
26
Example: The following may constitute the use of a weapon or technique in a
27
controlled environment:
28
(a) the use of a firearm at a rifle range;
29
(b) the use of a martial art at a martial arts club.
30
17 After subclause 1(3) of Schedule 2
31
Insert:
32
(3A) The Minister may, by written notice given to the Director-General,
33
approve the provision of a weapon, or training in the use of a
34
Schedule 5 Activities and functions of Intelligence Services Act 2001 agencies
80
National Security Legislation Amendment Bill (No. 1) 2014
No. , 2014
weapon or in self-defence techniques, to a specified person for the
1
purposes of paragraph (1A)(b).
2
18 Subclause 1(4) of Schedule 2
3
After "An approval", insert "under subclause (3) or (3A)".
4
19 Subclause 1(5) of Schedule 2
5
After "an approval", insert "under subclause (3) or (3A)".
6
20 Clause 2 of Schedule 2
7
Omit "A staff member or agent of ASIS", substitute "A person".
8
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National Security Legislation Amendment Bill (No. 1) 2014
81
Schedule 6
--Protection of information
1
Part 1
--Main amendments
2
Australian Security Intelligence Organisation Act 1979
3
1 Subsection 18(2) (penalty)
4
Omit "2 years", substitute "10 years".
5
2 After subsection 18(2)
6
Insert:
7
Exception--information or matter lawfully available
8
(2A) Subsection (1) does not apply to information or matter that has
9
already been communicated or made available to the public with
10
the authority of the Commonwealth.
11
Note:
A defendant bears an evidential burden in relation to the matter in
12
subsection (2A) (see subsection 13.3(3) of the Criminal Code).
13
3 Subsection 18(5)
14
Repeal the subsection.
15
4 After section 18
16
Insert:
17
18A Unauthorised dealing with records
18
Offence for unauthorised dealing with records
19
(1) A person commits an offence if:
20
(a) the person is, or has been, an entrusted person; and
21
(b) the person has obtained a record in the person's capacity as
22
an entrusted person; and
23
(c) the record:
24
(i) was acquired or prepared by or on behalf of the
25
Organisation in connection with its functions; or
26
(ii) relates to the performance by the Organisation of its
27
functions; and
28
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(d) the person engages in any of the following conduct (the
1
relevant conduct):
2
(i) copying the record;
3
(ii) transcribing the record;
4
(iii) retaining the record;
5
(iv) removing the record;
6
(v) dealing with the record in any other manner; and
7
(e) the relevant conduct was not engaged in by the person:
8
(i) as an ASIO employee in the course of the person's
9
duties as an ASIO employee; or
10
(ii) as an ASIO affiliate in accordance with the contract,
11
agreement or other arrangement under which the person
12
is performing functions or services for the Organisation;
13
or
14
(iii) in accordance with a contract, agreement or
15
arrangement the person has entered into with ASIO
16
(other than as an ASIO affiliate); or
17
(iv) acting within the limits of authority conferred on the
18
person by the Director-General; or
19
(v) with the approval of the Director-General, or of a person
20
having the authority of the Director-General to give
21
such an approval.
22
Penalty: Imprisonment for 3 years.
23
Exception--record lawfully available
24
(2) Subsection (1) does not apply to a record that has already been
25
communicated or made available to the public with the authority of
26
the Commonwealth.
27
Note:
A defendant bears an evidential burden in relation to the matter in
28
subsection (2) (see subsection 13.3(3) of the Criminal Code).
29
Alternative verdict
30
(3) Subsection (4) applies if, in a prosecution for an offence (the
31
prosecuted offence) against subsection (1), the trier of fact:
32
(a) is not satisfied that the defendant is guilty of the prosecuted
33
offence; but
34
Protection of information Schedule 6
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National Security Legislation Amendment Bill (No. 1) 2014
83
(b) is satisfied beyond reasonable doubt that the defendant is
1
guilty of an offence against subsection 18B(1) (the
2
alternative offence).
3
(4) The trier of fact may find the defendant not guilty of the prosecuted
4
offence but guilty of the alternative offence, so long as the
5
defendant has been accorded procedural fairness in relation to that
6
finding of guilt.
7
Definitions
8
(5) In this section:
9
entrusted person means:
10
(a) an ASIO employee; or
11
(b) an ASIO affiliate; or
12
(c) a person who has entered into a contract, agreement or
13
arrangement with ASIO (otherwise than as an ASIO
14
affiliate).
15
record means a document, or any other object by which words,
16
images, sounds or signals are recorded or stored or from which
17
information can be obtained, and includes part of a record.
18
Note:
For the definition of document, see section 2B of the Acts
19
Interpretation Act 1901.
20
signals includes electromagnetic emissions.
21
18B Unauthorised recording of information or matter
22
(1) A person commits an offence if:
23
(a) the person is, or has been, an entrusted person; and
24
(b) information or matter has come to the knowledge or into the
25
possession of the person in the person's capacity as an
26
entrusted person; and
27
(c) the information or matter:
28
(i) was acquired or prepared by or on behalf of the
29
Organisation in connection with its functions; or
30
(ii) relates to the performance by the Organisation of its
31
functions; and
32
(d) the person makes a record of the information or matter; and
33
Schedule 6 Protection of information
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National Security Legislation Amendment Bill (No. 1) 2014
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(e) the record is not made by the person:
1
(i) as an ASIO employee in the course of the person's
2
duties as an ASIO employee; or
3
(ii) as an ASIO affiliate in accordance with the contract,
4
agreement or other arrangement under which the person
5
is performing functions or services for the Organisation;
6
or
7
(iii) in accordance with a contract, agreement or
8
arrangement the person has entered into with ASIO
9
(other than as an ASIO affiliate); or
10
(iv) acting within the limits of authority conferred on the
11
person by the Director-General; or
12
(v) with the approval of the Director-General, or of a person
13
having the authority of the Director-General to give
14
such an approval.
15
Penalty: Imprisonment for 3 years.
16
Exception--information or matter lawfully available
17
(2) Subsection (1) does not apply to information or matter that has
18
already been communicated or made available to the public with
19
the authority of the Commonwealth.
20
Note:
A defendant bears an evidential burden in relation to the matter in
21
subsection (2) (see subsection 13.3(3) of the Criminal Code).
22
Alternative verdict
23
(3) Subsection (4) applies if, in a prosecution for an offence (the
24
prosecuted offence) against subsection (1), the trier of fact:
25
(a) is not satisfied that the defendant is guilty of the prosecuted
26
offence; but
27
(b) is satisfied beyond reasonable doubt that the defendant is
28
guilty of an offence against subsection 18A(1) (the
29
alternative offence).
30
(4) The trier of fact may find the defendant not guilty of the prosecuted
31
offence but guilty of the alternative offence, so long as the
32
defendant has been accorded procedural fairness in relation to that
33
finding of guilt.
34
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National Security Legislation Amendment Bill (No. 1) 2014
85
Definitions
1
(5) In this section:
2
entrusted person has the same meaning as in section 18A.
3
record has the same meaning as in section 18A.
4
18C Offences against section 18, 18A or 18B--general rules
5
Extended geographical jurisdiction
6
(1) Section 15.4 of the Criminal Code (extended geographical
7
jurisdiction--category D) applies to an offence against section 18,
8
18A or 18B.
9
(2) Subsection (1) does not, by implication, affect the interpretation of
10
any other provision of this Act.
11
Institution of prosecution
12
(3) A prosecution under section 18, 18A or 18B may be instituted only
13
by, or with the consent of, the Attorney-General or a person acting
14
under the Attorney-General's direction.
15
(4) However:
16
(a) a person charged with an offence against section 18, 18A or
17
18B may be arrested, or a warrant for his or her arrest may be
18
issued and executed; and
19
(b) such a person may be remanded in custody or on bail;
20
even if the consent of the Attorney-General or a person acting
21
under his or her direction has not been obtained, but no further
22
proceedings are to be taken until that consent has been obtained.
23
(5) Nothing in subsection (3) or (4) prevents the discharging of the
24
accused if proceedings are not continued within a reasonable time.
25
5 Section 22 (definition of signals)
26
Omit "light emissions and".
27
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National Security Legislation Amendment Bill (No. 1) 2014
No. , 2014
Intelligence Services Act 2001
1
6 Section 3
2
Insert:
3
record means a document, or any other object by which words,
4
images, sounds or signals are recorded or stored or from which
5
information can be obtained, and includes part of a record.
6
Note:
For the definition of document, see section 2B of the Acts
7
Interpretation Act 1901.
8
7 Section 3
9
Insert:
10
signals includes electromagnetic emissions.
11
8 Before section 39
12
Insert:
13
Division 1--Secrecy
14
9 Paragraph 39(1)(a)
15
Before "prepared by", insert "acquired or".
16
10 Subsection 39(1) (penalty)
17
Repeal the penalty, substitute:
18
Penalty: Imprisonment for 10 years.
19
11 Subsection 39(2)
20
Repeal the subsection, substitute:
21
Exception--information or matter lawfully available
22
(2) Subsection (1) does not apply to information or matter that has
23
already been communicated or made available to the public with
24
the authority of the Commonwealth.
25
Note:
A defendant bears an evidential burden in relation to the matter in
26
subsection (2): see subsection 13.3(3) of the Criminal Code.
27
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National Security Legislation Amendment Bill (No. 1) 2014
87
12 Paragraph 39A(1)(a)
1
Before "prepared by", insert "acquired or".
2
13 Subsection 39A(1) (penalty)
3
Repeal the penalty, substitute:
4
Penalty: Imprisonment for 10 years.
5
14 Subsection 39A(2)
6
Repeal the subsection, substitute:
7
Exception--information or matter lawfully available
8
(2) Subsection (1) does not apply to information or matter that has
9
already been communicated or made available to the public with
10
the authority of the Commonwealth.
11
Note:
A defendant bears an evidential burden in relation to the matter in
12
subsection (2): see subsection 13.3(3) of the Criminal Code.
13
15 Paragraph 40(1)(a)
14
Before "prepared by", insert "acquired or".
15
16 Subsection 40(1) (penalty)
16
Repeal the penalty, substitute:
17
Penalty: Imprisonment for 10 years.
18
17 Subsection 40(2)
19
Repeal the subsection, substitute:
20
Exception--information or matter lawfully available
21
(2) Subsection (1) does not apply to information or matter that has
22
already been communicated or made available to the public with
23
the authority of the Commonwealth.
24
Note:
A defendant bears an evidential burden in relation to the matter in
25
subsection (2): see subsection 13.3(3) of the Criminal Code.
26
18 After section 40
27
Insert:
28
Schedule 6 Protection of information
Part 1 Main amendments
88
National Security Legislation Amendment Bill (No. 1) 2014
No. , 2014
40A Communication of certain information--ONA
1
(1) A person commits an offence if:
2
(a) the person communicates any information or matter that was
3
acquired or prepared by or on behalf of ONA in connection
4
with its functions or relates to the performance by ONA of its
5
functions; and
6
(b) the information or matter has come to the knowledge or into
7
the possession of the person by reason of:
8
(i) his or her being, or having been, a staff member of
9
ONA; or
10
(ii) his or her having entered into any contract, agreement or
11
arrangement with ONA; or
12
(iii) his or her having been an employee or agent of a person
13
who has entered into a contract, agreement or
14
arrangement with ONA; and
15
(c) the communication was not made:
16
(i) to the Director-General of ONA or a staff member by
17
the person in the course of the person's duties as a staff
18
member; or
19
(ii) to the Director-General of ONA or a staff member by
20
the person in accordance with a contract, agreement or
21
arrangement; or
22
(iii) by the person in the course of the person's duties as a
23
staff member, within the limits of authority conferred on
24
the person by the Director-General of ONA; or
25
(iv) with the approval of the Director-General of ONA or of
26
a staff member having the authority of the
27
Director-General of ONA to give such an approval.
28
Penalty: Imprisonment for 10 years.
29
Exception--information or matter lawfully available
30
(2) Subsection (1) does not apply to information or matter that has
31
already been communicated or made available to the public with
32
the authority of the Commonwealth.
33
Note:
A defendant bears an evidential burden in relation to the matter in
34
subsection (2): see subsection 13.3(3) of the Criminal Code.
35
Protection of information Schedule 6
Main amendments Part 1
No. , 2014
National Security Legislation Amendment Bill (No. 1) 2014
89
40B Communication of certain information--DIO
1
(1) A person commits an offence if:
2
(a) the person communicates any information or matter that was
3
acquired or prepared by or on behalf of DIO in connection
4
with its functions or relates to the performance by DIO of its
5
functions; and
6
(b) the information or matter has come to the knowledge or into
7
the possession of the person by reason of:
8
(i) his or her being, or having been, a staff member of DIO;
9
or
10
(ii) his or her having entered into any contract, agreement or
11
arrangement with DIO; or
12
(iii) his or her having been an employee or agent of a person
13
who has entered into a contract, agreement or
14
arrangement with DIO; and
15
(c) the communication was not made:
16
(i) to the Director of DIO or a staff member by the person
17
in the course of the person's duties as a staff member; or
18
(ii) to the Director of DIO or a staff member by the person
19
in accordance with a contract, agreement or
20
arrangement; or
21
(iii) by the person in the course of the person's duties as a
22
staff member, within the limits of authority conferred on
23
the person by the Director of DIO; or
24
(iv) with the approval of the Director of DIO or of a staff
25
member having the authority of the Director of DIO to
26
give such an approval.
27
Penalty: Imprisonment for 10 years.
28
Exception--information or matter lawfully available
29
(2) Subsection (1) does not apply to information or matter that has
30
already been communicated or made available to the public with
31
the authority of the Commonwealth.
32
Note:
A defendant bears an evidential burden in relation to the matter in
33
subsection (2): see subsection 13.3(3) of the Criminal Code.
34
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Part 1 Main amendments
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National Security Legislation Amendment Bill (No. 1) 2014
No. , 2014
40C Unauthorised dealing with records--ASIS
1
(1) A person commits an offence if:
2
(a) the person engages in any of the following conduct (the
3
relevant conduct):
4
(i) copying a record;
5
(ii) transcribing a record;
6
(iii) retaining a record;
7
(iv) removing a record;
8
(v) dealing with a record in any other manner; and
9
(b) the record was obtained by the person by reason of:
10
(i) his or her being, or having been, a staff member or
11
agent of ASIS; or
12
(ii) his or her having entered into any contract, agreement or
13
arrangement with ASIS; or
14
(iii) his or her having been an employee or agent of a person
15
who has entered into a contract, agreement or
16
arrangement with ASIS; and
17
(c) the record:
18
(i) was acquired or prepared by or on behalf of ASIS in
19
connection with its functions; or
20
(ii) relates to the performance by ASIS of its functions; and
21
(d) the relevant conduct was not engaged in:
22
(i) in the course of the person's duties as a staff member or
23
agent; or
24
(ii) in accordance with a contract, agreement or
25
arrangement with ASIS; or
26
(iii) by the person acting within the limits of authority
27
conferred on the person by the Director-General; or
28
(iv) with the approval of the Director-General or of a staff
29
member having the authority of the Director-General to
30
give such an approval.
31
Penalty: Imprisonment for 3 years.
32
Exception--record lawfully available
33
(2) Subsection (1) does not apply to a record that has already been
34
communicated or made available to the public with the authority of
35
the Commonwealth.
36
Protection of information Schedule 6
Main amendments Part 1
No. , 2014
National Security Legislation Amendment Bill (No. 1) 2014
91
Note:
A defendant bears an evidential burden in relation to the matter in
1
subsection (2): see subsection 13.3(3) of the Criminal Code.
2
Alternative verdict
3
(3) Subsection (4) applies if, in a prosecution for an offence (the
4
prosecuted offence) against subsection (1), the trier of fact:
5
(a) is not satisfied that the defendant is guilty of the prosecuted
6
offence; but
7
(b) is satisfied beyond reasonable doubt that the defendant is
8
guilty of an offence against subsection 40D(1) (the
9
alternative offence).
10
(4) The trier of fact may find the defendant not guilty of the prosecuted
11
offence but guilty of the alternative offence, so long as the
12
defendant has been accorded procedural fairness in relation to that
13
finding of guilt.
14
40D Unauthorised recording of information or matter--ASIS
15
(1) A person commits an offence if:
16
(a) the person makes a record of any information or matter; and
17
(b) the information or matter has come to the knowledge or into
18
the possession of the person by reason of:
19
(i) his or her being, or having been, a staff member or
20
agent of ASIS; or
21
(ii) his or her having entered into any contract, agreement or
22
arrangement with ASIS; or
23
(iii) his or her having been an employee or agent of a person
24
who has entered into a contract, agreement or
25
arrangement with ASIS; and
26
(c) the information or matter:
27
(i) was acquired or prepared by or on behalf of ASIS in
28
connection with its functions; or
29
(ii) relates to the performance by ASIS of its functions; and
30
(d) the record was not made:
31
(i) in the course of the person's duties as a staff member or
32
agent; or
33
(ii) in accordance with a contract, agreement or
34
arrangement with ASIS; or
35
Schedule 6 Protection of information
Part 1 Main amendments
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National Security Legislation Amendment Bill (No. 1) 2014
No. , 2014
(iii) by the person acting within the limits of authority
1
conferred on the person by the Director-General; or
2
(iv) with the approval of the Director-General or of a staff
3
member having the authority of the Director-General to
4
give such an approval.
5
Penalty: Imprisonment for 3 years.
6
Exception--information or matter lawfully available
7
(2) Subsection (1) does not apply to information or matter that has
8
already been communicated or made available to the public with
9
the authority of the Commonwealth.
10
Note:
A defendant bears an evidential burden in relation to the matter in
11
subsection (2): see subsection 13.3(3) of the Criminal Code.
12
Alternative verdict
13
(3) Subsection (4) applies if, in a prosecution for an offence (the
14
prosecuted offence) against subsection (1), the trier of fact:
15
(a) is not satisfied that the defendant is guilty of the prosecuted
16
offence; but
17
(b) is satisfied beyond reasonable doubt that the defendant is
18
guilty of an offence against subsection 40C(1) (the
19
alternative offence).
20
(4) The trier of fact may find the defendant not guilty of the prosecuted
21
offence but guilty of the alternative offence, so long as the
22
defendant has been accorded procedural fairness in relation to that
23
finding of guilt.
24
40E Unauthorised dealing with records--AGO
25
(1) A person commits an offence if:
26
(a) the person engages in any of the following conduct (the
27
relevant conduct):
28
(i) copying a record;
29
(ii) transcribing a record;
30
(iii) retaining a record;
31
(iv) removing a record;
32
(v) dealing with a record in any other manner; and
33
Protection of information Schedule 6
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No. , 2014
National Security Legislation Amendment Bill (No. 1) 2014
93
(b) the record was obtained by the person by reason of:
1
(i) his or her being, or having been, a staff member of
2
AGO; or
3
(ii) his or her having entered into any contract, agreement or
4
arrangement with AGO; or
5
(iii) his or her having been an employee or agent of a person
6
who has entered into a contract, agreement or
7
arrangement with AGO; and
8
(c) the record:
9
(i) was acquired or prepared by or on behalf of AGO in
10
connection with its functions; or
11
(ii) relates to the performance by AGO of its functions; and
12
(d) the relevant conduct was not engaged in:
13
(i) in the course of the person's duties as a staff member; or
14
(ii) by the person in accordance with a contract, agreement
15
or arrangement with AGO; or
16
(iii) by the person acting within the limits of authority
17
conferred on the person by the Director of AGO; or
18
(iv) with the approval of the Director of AGO or of a staff
19
member having the authority of the Director of AGO to
20
give such an approval.
21
Penalty: Imprisonment for 3 years.
22
Exception--record lawfully available
23
(2) Subsection (1) does not apply to a record that has already been
24
communicated or made available to the public with the authority of
25
the Commonwealth.
26
Note:
A defendant bears an evidential burden in relation to the matter in
27
subsection (2): see subsection 13.3(3) of the Criminal Code.
28
Alternative verdict
29
(3) Subsection (4) applies if, in a prosecution for an offence (the
30
prosecuted offence) against subsection (1), the trier of fact:
31
(a) is not satisfied that the defendant is guilty of the prosecuted
32
offence; but
33
Schedule 6 Protection of information
Part 1 Main amendments
94
National Security Legislation Amendment Bill (No. 1) 2014
No. , 2014
(b) is satisfied beyond reasonable doubt that the defendant is
1
guilty of an offence against subsection 40F(1) (the
2
alternative offence).
3
(4) The trier of fact may find the defendant not guilty of the prosecuted
4
offence but guilty of the alternative offence, so long as the
5
defendant has been accorded procedural fairness in relation to that
6
finding of guilt.
7
40F Unauthorised recording of information or matter--AGO
8
(1) A person commits an offence if:
9
(a) the person makes a record of any information or matter; and
10
(b) the information or matter has come to the knowledge or into
11
the possession of the person by reason of:
12
(i) his or her being, or having been, a staff member of
13
AGO; or
14
(ii) his or her having entered into any contract, agreement or
15
arrangement with AGO; or
16
(iii) his or her having been an employee or agent of a person
17
who has entered into a contract, agreement or
18
arrangement with AGO; and
19
(c) the information or matter:
20
(i) was acquired or prepared by or on behalf of AGO in
21
connection with its functions; or
22
(ii) relates to the performance by AGO of its functions; and
23
(d) the record was not made:
24
(i) in the course of the person's duties as a staff member; or
25
(ii) in accordance with a contract, agreement or
26
arrangement with AGO; or
27
(iii) by the person acting within the limits of authority
28
conferred on the person by the Director of AGO; or
29
(iv) with the approval of the Director of AGO or of a staff
30
member having the authority of the Director of AGO to
31
give such an approval.
32
Penalty: Imprisonment for 3 years.
33
Protection of information Schedule 6
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National Security Legislation Amendment Bill (No. 1) 2014
95
Exception--information or matter lawfully available
1
(2) Subsection (1) does not apply to information or matter that has
2
already been communicated or made available to the public with
3
the authority of the Commonwealth.
4
Note:
A defendant bears an evidential burden in relation to the matter in
5
subsection (2): see subsection 13.3(3) of the Criminal Code.
6
Alternative verdict
7
(3) Subsection (4) applies if, in a prosecution for an offence (the
8
prosecuted offence) against subsection (1), the trier of fact:
9
(a) is not satisfied that the defendant is guilty of the prosecuted
10
offence; but
11
(b) is satisfied beyond reasonable doubt that the defendant is
12
guilty of an offence against subsection 40E(1) (the
13
alternative offence).
14
(4) The trier of fact may find the defendant not guilty of the prosecuted
15
offence but guilty of the alternative offence, so long as the
16
defendant has been accorded procedural fairness in relation to that
17
finding of guilt.
18
40G Unauthorised dealing with records--ASD
19
(1) A person commits an offence if:
20
(a) the person engages in any of the following conduct (the
21
relevant conduct):
22
(i) copying a record;
23
(ii) transcribing a record;
24
(iii) retaining a record;
25
(iv) removing a record;
26
(v) dealing with a record in any other manner; and
27
(b) the record was obtained by the person by reason of:
28
(i) his or her being, or having been, a staff member of
29
ASD; or
30
(ii) his or her having entered into any contract, agreement or
31
arrangement with ASD; or
32
(iii) his or her having been an employee or agent of a person
33
who has entered into a contract, agreement or
34
arrangement with ASD; and
35
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(c) the record:
1
(i) was acquired or prepared by or on behalf of ASD in
2
connection with its functions; or
3
(ii) relates to the performance by ASD of its functions; and
4
(d) the relevant conduct was not engaged in:
5
(i) in the course of the person's duties as a staff member; or
6
(ii) in accordance with a contract, agreement or
7
arrangement with ASD; or
8
(iii) by the person acting within the limits of authority
9
conferred on the person by the Director of ASD; or
10
(iv) with the approval of the Director of ASD or of a staff
11
member having the authority of the Director of ASD to
12
give such an approval.
13
Penalty: Imprisonment for 3 years.
14
Exception--record lawfully available
15
(2) Subsection (1) does not apply to a record that has already been
16
communicated or made available to the public with the authority of
17
the Commonwealth.
18
Note:
A defendant bears an evidential burden in relation to the matter in
19
subsection (2): see subsection 13.3(3) of the Criminal Code.
20
Alternative verdict
21
(3) Subsection (4) applies if, in a prosecution for an offence (the
22
prosecuted offence) against subsection (1), the trier of fact:
23
(a) is not satisfied that the defendant is guilty of the prosecuted
24
offence; but
25
(b) is satisfied beyond reasonable doubt that the defendant is
26
guilty of an offence against subsection 40H(1) (the
27
alternative offence).
28
(4) The trier of fact may find the defendant not guilty of the prosecuted
29
offence but guilty of the alternative offence, so long as the
30
defendant has been accorded procedural fairness in relation to that
31
finding of guilt.
32
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National Security Legislation Amendment Bill (No. 1) 2014
97
40H Unauthorised recording of information or matter--ASD
1
(1) A person commits an offence if:
2
(a) the person makes a record of any information or matter; and
3
(b) the information or matter has come to the knowledge or into
4
the possession of the person by reason of:
5
(i) his or her being, or having been, a staff member of
6
ASD; or
7
(ii) his or her having entered into any contract, agreement or
8
arrangement with ASD; or
9
(iii) his or her having been an employee or agent of a person
10
who has entered into a contract, agreement or
11
arrangement with ASD; and
12
(c) the information or matter:
13
(i) was acquired or prepared by or on behalf of ASD in
14
connection with its functions; or
15
(ii) relates to the performance by ASD of its functions; and
16
(d) the record was not made:
17
(i) in the course of the person's duties as a staff member; or
18
(ii) in accordance with a contract, agreement or
19
arrangement with ASD; or
20
(iii) by the person acting within the limits of authority
21
conferred on the person by the Director of ASD; or
22
(iv) with the approval of the Director of ASD or of a staff
23
member having the authority of the Director of ASD to
24
give such an approval.
25
Penalty: Imprisonment for 3 years.
26
Exception--information or matter lawfully available
27
(2) Subsection (1) does not apply to information or matter that has
28
already been communicated or made available to the public with
29
the authority of the Commonwealth.
30
Note:
A defendant bears an evidential burden in relation to the matter in
31
subsection (2): see subsection 13.3(3) of the Criminal Code.
32
Alternative verdict
33
(3) Subsection (4) applies if, in a prosecution for an offence (the
34
prosecuted offence) against subsection (1), the trier of fact:
35
Schedule 6 Protection of information
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No. , 2014
(a) is not satisfied that the defendant is guilty of the prosecuted
1
offence; but
2
(b) is satisfied beyond reasonable doubt that the defendant is
3
guilty of an offence against subsection 40G(1) (the
4
alternative offence).
5
(4) The trier of fact may find the defendant not guilty of the prosecuted
6
offence but guilty of the alternative offence, so long as the
7
defendant has been accorded procedural fairness in relation to that
8
finding of guilt.
9
40J Unauthorised dealing with records--ONA
10
(1) A person commits an offence if:
11
(a) the person engages in any of the following conduct (the
12
relevant conduct):
13
(i) copying a record;
14
(ii) transcribing a record;
15
(iii) retaining a record;
16
(iv) removing a record;
17
(v) dealing with a record in any other manner; and
18
(b) the record was obtained by the person by reason of:
19
(i) his or her being, or having been, a staff member of
20
ONA; or
21
(ii) his or her having entered into any contract, agreement or
22
arrangement with ONA; or
23
(iii) his or her having been an employee or agent of a person
24
who has entered into a contract, agreement or
25
arrangement with ONA; and
26
(c) the record:
27
(i) was acquired or prepared by or on behalf of ONA in
28
connection with its functions; or
29
(ii) relates to the performance by ONA of its functions; and
30
(d) the relevant conduct was not engaged in:
31
(i) in the course of the person's duties as a staff member; or
32
(ii) in accordance with a contract, agreement or
33
arrangement with ONA; or
34
Protection of information Schedule 6
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99
(iii) by the person acting within the limits of authority
1
conferred on the person by the Director-General of
2
ONA; or
3
(iv) with the approval of the Director-General of ONA or of
4
a staff member having the authority of the
5
Director-General of ONA to give such an approval.
6
Penalty: Imprisonment for 3 years.
7
Exception--record lawfully available
8
(2) Subsection (1) does not apply to a record that has already been
9
communicated or made available to the public with the authority of
10
the Commonwealth.
11
Note:
A defendant bears an evidential burden in relation to the matter in
12
subsection (2): see subsection 13.3(3) of the Criminal Code.
13
Alternative verdict
14
(3) Subsection (4) applies if, in a prosecution for an offence (the
15
prosecuted offence) against subsection (1), the trier of fact:
16
(a) is not satisfied that the defendant is guilty of the prosecuted
17
offence; but
18
(b) is satisfied beyond reasonable doubt that the defendant is
19
guilty of an offence against subsection 40K(1) (the
20
alternative offence).
21
(4) The trier of fact may find the defendant not guilty of the prosecuted
22
offence but guilty of the alternative offence, so long as the
23
defendant has been accorded procedural fairness in relation to that
24
finding of guilt.
25
40K Unauthorised recording of information or matter--ONA
26
(1) A person commits an offence if:
27
(a) the person makes a record of any information or matter; and
28
(b) the information or matter has come to the knowledge or into
29
the possession of the person by reason of:
30
(i) his or her being, or having been, a staff member of
31
ONA; or
32
(ii) his or her having entered into any contract, agreement or
33
arrangement with ONA; or
34
Schedule 6 Protection of information
Part 1 Main amendments
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National Security Legislation Amendment Bill (No. 1) 2014
No. , 2014
(iii) his or her having been an employee or agent of a person
1
who has entered into a contract, agreement or
2
arrangement with ONA; and
3
(c) the information or matter:
4
(i) was acquired or prepared by or on behalf of ONA in
5
connection with its functions; or
6
(ii) relates to the performance by ONA of its functions; and
7
(d) the record was not made:
8
(i) in the course of the person's duties as a staff member; or
9
(ii) in accordance with a contract, agreement or
10
arrangement with ONA; or
11
(iii) by the person acting within the limits of authority
12
conferred on the person by the Director-General of
13
ONA; or
14
(iv) with the approval of the Director-General of ONA or of
15
a staff member having the authority of the
16
Director-General of ONA to give such an approval.
17
Penalty: Imprisonment for 3 years.
18
Exception--information or matter lawfully available
19
(2) Subsection (1) does not apply to information or matter that has
20
already been communicated or made available to the public with
21
the authority of the Commonwealth.
22
Note:
A defendant bears an evidential burden in relation to the matter in
23
subsection (2): see subsection 13.3(3) of the Criminal Code.
24
Alternative verdict
25
(3) Subsection (4) applies if, in a prosecution for an offence (the
26
prosecuted offence) against subsection (1), the trier of fact:
27
(a) is not satisfied that the defendant is guilty of the prosecuted
28
offence; but
29
(b) is satisfied beyond reasonable doubt that the defendant is
30
guilty of an offence against subsection 40J(1) (the alternative
31
offence).
32
(4) The trier of fact may find the defendant not guilty of the prosecuted
33
offence but guilty of the alternative offence, so long as the
34
Protection of information Schedule 6
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National Security Legislation Amendment Bill (No. 1) 2014
101
defendant has been accorded procedural fairness in relation to that
1
finding of guilt.
2
40L Unauthorised dealing with records--DIO
3
(1) A person commits an offence if:
4
(a) the person engages in any of the following conduct (the
5
relevant conduct):
6
(i) copying a record;
7
(ii) transcribing a record;
8
(iii) retaining a record;
9
(iv) removing a record;
10
(v) dealing with a record in any other manner; and
11
(b) the record was obtained by the person by reason of:
12
(i) his or her being, or having been, a staff member of DIO;
13
or
14
(ii) his or her having entered into any contract, agreement or
15
arrangement with DIO; or
16
(iii) his or her having been an employee or agent of a person
17
who has entered into a contract, agreement or
18
arrangement with DIO; and
19
(c) the record:
20
(i) was acquired or prepared by or on behalf of DIO in
21
connection with its functions; or
22
(ii) relates to the performance by DIO of its functions; and
23
(d) the relevant conduct was not engaged in:
24
(i) in the course of the person's duties as a staff member; or
25
(ii) in accordance with a contract, agreement or
26
arrangement with DIO; or
27
(iii) by the person acting within the limits of authority
28
conferred on the person by the Director of DIO; or
29
(iv) with the approval of the Director of DIO or of a staff
30
member having the authority of the Director of DIO to
31
give such an approval.
32
Penalty: Imprisonment for 3 years.
33
Schedule 6 Protection of information
Part 1 Main amendments
102
National Security Legislation Amendment Bill (No. 1) 2014
No. , 2014
Exception--record lawfully available
1
(2) Subsection (1) does not apply to a record that has already been
2
communicated or made available to the public with the authority of
3
the Commonwealth.
4
Note:
A defendant bears an evidential burden in relation to the matter in
5
subsection (2): see subsection 13.3(3) of the Criminal Code.
6
Alternative verdict
7
(3) Subsection (4) applies if, in a prosecution for an offence (the
8
prosecuted offence) against subsection (1), the trier of fact:
9
(a) is not satisfied that the defendant is guilty of the prosecuted
10
offence; but
11
(b) is satisfied beyond reasonable doubt that the defendant is
12
guilty of an offence against subsection 40M(1) (the
13
alternative offence).
14
(4) The trier of fact may find the defendant not guilty of the prosecuted
15
offence but guilty of the alternative offence, so long as the
16
defendant has been accorded procedural fairness in relation to that
17
finding of guilt.
18
40M Unauthorised recording of information or matter--DIO
19
(1) A person commits an offence if:
20
(a) the person makes a record of any information or matter; and
21
(b) the information or matter has come to the knowledge or into
22
the possession of the person by reason of:
23
(i) his or her being, or having been, a staff member of DIO;
24
or
25
(ii) his or her having entered into any contract, agreement or
26
arrangement with DIO; or
27
(iii) his or her having been an employee or agent of a person
28
who has entered into a contract, agreement or
29
arrangement with DIO; and
30
(c) the information or matter:
31
(i) was acquired or prepared by or on behalf of DIO in
32
connection with its functions; or
33
(ii) relates to the performance by DIO of its functions; and
34
(d) the record was not made:
35
Protection of information Schedule 6
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National Security Legislation Amendment Bill (No. 1) 2014
103
(i) in the course of the person's duties as a staff member; or
1
(ii) in accordance with a contract, agreement or
2
arrangement with DIO; or
3
(iii) by the person acting within the limits of authority
4
conferred on the person by the Director of DIO; or
5
(iv) with the approval of the Director of DIO or of a staff
6
member having the authority of the Director of DIO to
7
give such an approval.
8
Penalty: Imprisonment for 3 years.
9
Exception--information or matter lawfully available
10
(2) Subsection (1) does not apply to information or matter that has
11
already been communicated or made available to the public with
12
the authority of the Commonwealth.
13
Note:
A defendant bears an evidential burden in relation to the matter in
14
subsection (2): see subsection 13.3(3) of the Criminal Code.
15
Alternative verdict
16
(3) Subsection (4) applies if, in a prosecution for an offence (the
17
prosecuted offence) against subsection (1), the trier of fact:
18
(a) is not satisfied that the defendant is guilty of the prosecuted
19
offence; but
20
(b) is satisfied beyond reasonable doubt that the defendant is
21
guilty of an offence against subsection 40L(1) (the
22
alternative offence).
23
(4) The trier of fact may find the defendant not guilty of the prosecuted
24
offence but guilty of the alternative offence, so long as the
25
defendant has been accorded procedural fairness in relation to that
26
finding of guilt.
27
19 Subsection 41(1)
28
Omit "(1)".
29
20 Subsection 41(2)
30
Repeal the subsection.
31
Schedule 6 Protection of information
Part 1 Main amendments
104
National Security Legislation Amendment Bill (No. 1) 2014
No. , 2014
21 After section 41
1
Insert:
2
41A Offences against this Division--general rules
3
Extended geographical jurisdiction
4
(1) Section 15.4 of the Criminal Code (extended geographical
5
jurisdiction--category D) applies to an offence against this
6
Division.
7
(2) Subsection (1) does not, by implication, affect the interpretation of
8
any other provision of this Act.
9
Institution of prosecution
10
(3) A prosecution under this Division may be instituted only by, or
11
with the consent of, the Attorney-General or a person acting under
12
the Attorney-General's direction.
13
(4) However:
14
(a) a person charged with an offence against this Division may
15
be arrested, or a warrant for his or her arrest may be issued
16
and executed; and
17
(b) such a person may be remanded in custody or on bail;
18
even if the consent of the Attorney-General or a person acting
19
under his or her direction has not been obtained, but no further
20
proceedings are to be taken until that consent has been obtained.
21
(5) Nothing in subsection (3) or (4) prevents the discharging of the
22
accused if proceedings are not continued within a reasonable time.
23
22 Before section 42
24
Insert:
25
Protection of information Schedule 6
Main amendments Part 1
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National Security Legislation Amendment Bill (No. 1) 2014
105
Division 2--Other matters
1
23 Application of amendments
2
The amendments made by this Part apply in relation to conduct engaged
3
in by a person in relation to records, information or matter after the
4
commencement of this Part, whether the records were obtained, or the
5
information or matter came to the knowledge or into the possession of
6
the person, before or after that commencement.
7
Schedule 6 Protection of information
Part 2 Consequential amendments
106
National Security Legislation Amendment Bill (No. 1) 2014
No. , 2014
Part 2
--Consequential amendments
1
Australian Crime Commission Act 2002
2
24 Schedule 1
3
After "sections 18," insert "18A, 18B,".
4
Crimes Act 1914
5
25 Subsection 15LC(4) (note 2)
6
Omit "section 39 or 41", substitute "under Division 1 of Part 6".
7
Privacy Act 1988
8
26 Subsection 80P(7) (paragraph (a) of the definition of
9
designated secrecy provision)
10
After "sections 18", insert ", 18A, 18B".
11
27 Subsection 80P(7) (paragraph (c) of the definition of
12
designated secrecy provision)
13
Repeal the paragraph, substitute:
14
(c) sections 39, 39A, 40, 40A to 40M and 41 of the Intelligence
15
Services Act 2001;
16
Renaming of Defence agencies Schedule 7
Main amendments Part 1
No. , 2014
National Security Legislation Amendment Bill (No. 1) 2014
107
Schedule 7
--Renaming of Defence agencies
1
Part 1
--Main amendments
2
Intelligence Services Act 2001
3
1 Section 3 (definition of agency)
4
Omit "DIGO or DSD", substitute "AGO or ASD".
5
2 Section 3 (paragraphs (aa) and (b) of the definition of
6
agency head)
7
Repeal the paragraphs, substitute:
8
(b) in relation to AGO--the Director of AGO; and
9
(c) in relation to ASD--the Director of ASD.
10
3 Section 3
11
Insert:
12
AGO means that part of the Defence Department known as the
13
Australian Geospatial-Intelligence Organisation.
14
ASD means that part of the Defence Department known as the
15
Australian Signals Directorate.
16
4 Section 3 (definition of DIGO)
17
Repeal the definition.
18
5 Section 3 (definition of DSD)
19
Repeal the definition.
20
6 Section 3 (paragraph (a) of the definition of incidentally
21
obtained intelligence)
22
Omit "DIGO", substitute "AGO".
23
7 Section 3 (paragraph (a) of the definition of incidentally
24
obtained intelligence)
25
Omit "DSD", substitute "ASD".
26
Schedule 7 Renaming of Defence agencies
Part 1 Main amendments
108
National Security Legislation Amendment Bill (No. 1) 2014
No. , 2014
8 Section 3 (paragraph (b) of the definition of intelligence
1
information)
2
Omit "DIGO", substitute "AGO".
3
9 Section 3 (paragraph (c) of the definition of intelligence
4
information)
5
Omit "DSD", substitute "ASD".
6
10 Section 6B (heading)
7
Repeal the heading, substitute:
8
6B Functions of AGO
9
11 Section 6B
10
Omit "DIGO", substitute "AGO".
11
12 Section 7 (heading)
12
Repeal the heading, substitute:
13
7 Functions of ASD
14
13 Section 7
15
Omit "DSD", substitute "ASD".
16
14 Subsection 8(1)
17
Omit "DIGO", substitute "AGO".
18
15 Subsection 8(1)
19
Omit "DSD", substitute "ASD".
20
16 Paragraph 11(2)(e)
21
Omit "DIGO", substitute "AGO".
22
17 Paragraph 11(2)(f)
23
Omit "DSD", substitute "ASD".
24
Renaming of Defence agencies Schedule 7
Main amendments Part 1
No. , 2014
National Security Legislation Amendment Bill (No. 1) 2014
109
18 Section 12A
1
Omit "Director of DIGO, the Director of DSD", substitute "Director of
2
AGO, the Director of ASD".
3
19 Subsection 14(3) (definition of staff member)
4
Omit "Director of DIGO, the Director of DSD", substitute "Director of
5
AGO, the Director of ASD".
6
20 Subsection 15(1)
7
Omit "responsible Minister in relation to DIGO and the responsible
8
Minister in relation to DSD", substitute "responsible Minister in relation
9
to AGO and the responsible Minister in relation to ASD".
10
21 Paragraph 15(3)(ab)
11
Omit "DIGO" (wherever occurring), substitute "AGO".
12
22 Paragraph 15(3)(b)
13
Omit "DSD" (wherever occurring), substitute "ASD".
14
23 Paragraph 29(1)(a)
15
Omit "DIGO" (first occurring), substitute "AGO".
16
24 Paragraph 29(1)(a)
17
Omit "DSD" (first occurring), substitute "ASD".
18
25 Paragraph 29(1)(a)
19
Omit "DIGO" (second occurring), substitute "AGO".
20
26 Paragraph 29(1)(a)
21
Omit "DSD" (second occurring), substitute "ASD".
22
27 Paragraph 29(1)(b)
23
Omit "DIGO", substitute "AGO".
24
28 Paragraph 29(1)(b)
25
Omit "DSD", substitute "ASD".
26
Schedule 7 Renaming of Defence agencies
Part 1 Main amendments
110
National Security Legislation Amendment Bill (No. 1) 2014
No. , 2014
29 Subsection 29(2)
1
Omit "DIGO", substitute "AGO".
2
30 Subsection 29(2)
3
Omit "DSD", substitute "ASD".
4
31 Paragraph 29(3)(a)
5
Omit "DIGO", substitute "AGO".
6
32 Paragraph 29(3)(a)
7
Omit "DSD", substitute "ASD".
8
33 Paragraph 29(3)(b)
9
Omit "DIGO", substitute "AGO".
10
34 Paragraph 29(3)(b)
11
Omit "DSD", substitute "ASD".
12
35 Paragraph 29(3)(c)
13
Omit "DIGO", substitute "AGO".
14
36 Paragraph 29(3)(c)
15
Omit "DSD", substitute "ASD".
16
37 Paragraph 29(3)(e)
17
Omit "DIGO", substitute "AGO".
18
38 Paragraph 29(3)(e)
19
Omit "DSD", substitute "ASD".
20
39 Paragraph 29(3)(g)
21
Omit "DIGO", substitute "AGO".
22
40 Paragraph 29(3)(g)
23
Omit "DSD", substitute "ASD".
24
41 Paragraph 30(baa)
25
Omit "DIGO", substitute "AGO".
26
Renaming of Defence agencies Schedule 7
Main amendments Part 1
No. , 2014
National Security Legislation Amendment Bill (No. 1) 2014
111
42 Paragraph 30(ba)
1
Omit "DSD", substitute "ASD".
2
43 Section 39A (heading)
3
Repeal the heading, substitute:
4
39A Communication of certain information--AGO
5
44 Subsection 39A(1)
6
Omit "DIGO" (wherever occurring), substitute "AGO".
7
45 Section 40 (heading)
8
Repeal the heading, substitute:
9
40 Communication of certain information--ASD
10
46 Subsection 40(1)
11
Omit "DSD" (wherever occurring), substitute "ASD".
12
47 Clause 1A of Schedule 1 (definition of agency)
13
Omit "DIGO", substitute "AGO".
14
48 Clause 1A of Schedule 1 (definition of agency)
15
Omit "DSD", substitute "ASD".
16
49 Clause 1A of Schedule 1 (paragraph (ba) of the definition
17
of agency head)
18
Omit "DIGO", substitute "AGO".
19
50 Clause 1A of Schedule 1 (paragraph (c) of the definition of
20
agency head)
21
Omit "DSD", substitute "ASD".
22
51 Clause 1A of Schedule 1 (paragraph (a) of the definition of
23
operationally sensitive information)
24
Omit "DIGO", substitute "AGO".
25
Schedule 7 Renaming of Defence agencies
Part 1 Main amendments
112
National Security Legislation Amendment Bill (No. 1) 2014
No. , 2014
52 Clause 1A of Schedule 1 (paragraph (a) of the definition of
1
operationally sensitive information)
2
Omit "DSD", substitute "ASD".
3
53 Clause 1A of Schedule 1 (paragraph (b) of the definition of
4
operationally sensitive information)
5
Omit "DIGO", substitute "AGO".
6
54 Clause 1A of Schedule 1 (paragraph (b) of the definition of
7
operationally sensitive information)
8
Omit "DSD", substitute "ASD".
9
55 Paragraph 7(1)(a) of Schedule 1
10
Omit "DIGO or DSD", substitute "AGO or ASD".
11
56 Paragraph 20(2)(c) of Schedule 1
12
Omit "DIGO", substitute "AGO".
13
57 Paragraph 20(2)(c) of Schedule 1
14
Omit "DSD", substitute "ASD".
15
Renaming of Defence agencies Schedule 7
Consequential amendments Part 2
No. , 2014
National Security Legislation Amendment Bill (No. 1) 2014
113
Part 2
--Consequential amendments
1
Anti-Money Laundering and Counter-Terrorism Financing
2
Act 2006
3
58 Section 5
4
Insert:
5
AGO means that part of the Defence Department known as the
6
Australian Geospatial-Intelligence Organisation, and includes any
7
part of the Defence Force that performs functions on behalf of that
8
part of the Department.
9
ASD means that part of the Defence Department known as the
10
Australian Signals Directorate, and includes any part of the
11
Defence Force that performs functions on behalf of that part of the
12
Department.
13
59 Section 5 (definition of defence intelligence agency)
14
Omit "DIGO", substitute "AGO".
15
60 Section 5 (definition of defence intelligence agency)
16
Omit "DSD", substitute "ASD".
17
61 Section 5 (paragraph (gb) of the definition of designated
18
agency)
19
Repeal the paragraph, substitute:
20
(gb) AGO; or
21
62 Section 5 (paragraph (gd) of the definition of designated
22
agency)
23
Repeal the paragraph, substitute:
24
(gd) ASD; or
25
63 Section 5 (definition of DIGO)
26
Repeal the definition.
27
Schedule 7 Renaming of Defence agencies
Part 2 Consequential amendments
114
National Security Legislation Amendment Bill (No. 1) 2014
No. , 2014
64 Section 5 (definition of DIO)
1
Omit "Department of Defence", substitute "Defence Department".
2
65 Section 5 (definition of DSD)
3
Repeal the definition.
4
66 Paragraph 128(13B)(d)
5
Omit "DIGO or DSD" (wherever occurring), substitute "AGO or ASD".
6
Archives Act 1983
7
67 Paragraphs 29(8)(ba) and (c)
8
Repeal the paragraphs, substitute:
9
(ba) the Australian Geospatial-Intelligence Organisation;
10
(c) the Australian Signals Directorate;
11
Australian Human Rights Commission Act 1986
12
68 Subsection 11(4)
13
Omit "Defence Signals Directorate", substitute "Australian Signals
14
Directorate".
15
69 Subsection 11(4)
16
Omit "Defence Imagery and Geospatial Organisation", substitute
17
"Australian Geospatial-Intelligence Organisation".
18
70 Subsection 21(3)
19
Omit "Defence Imagery and Geospatial Organisation", substitute
20
"Australian Geospatial-Intelligence Organisation".
21
71 Subsection 21(3)
22
Omit "Defence Signals Directorate", substitute "Australian Signals
23
Directorate".
24
Renaming of Defence agencies Schedule 7
Consequential amendments Part 2
No. , 2014
National Security Legislation Amendment Bill (No. 1) 2014
115
Australian Security Intelligence Organisation Act 1979
1
72 Section 4
2
Insert:
3
AGO has the meaning given by the Intelligence Services Act 2001.
4
ASD has the meaning given by the Intelligence Services Act 2001.
5
73 Section 4 (definition of DIGO)
6
Repeal the definition.
7
74 Section 4 (definition of DSD)
8
Repeal the definition.
9
75 Section 4 (paragraph (c) of the definition of intelligence or
10
security agency)
11
Omit "Defence Imagery and Geospatial Organisation", substitute
12
"Australian Geospatial-Intelligence Organisation".
13
76 Section 4 (paragraph (e) of the definition of intelligence or
14
security agency)
15
Omit "Defence Signals Directorate", substitute "Australian Signals
16
Directorate".
17
77 Subsection 18(4A) (heading)
18
Repeal the heading, substitute:
19
Communicating information to ASIS, ASD and AGO
20
78 Subsection 18(4A)
21
Omit "DSD or DIGO", substitute "ASD or AGO".
22
79 Paragraph 18(4A)(b)
23
Omit "DSD or DIGO's", substitute "ASD or AGO's".
24
80 Paragraphs 19A(1)(b) and (c)
25
Repeal the paragraphs, substitute:
26
(b) ASD;
27
Schedule 7 Renaming of Defence agencies
Part 2 Consequential amendments
116
National Security Legislation Amendment Bill (No. 1) 2014
No. , 2014
(c) AGO;
1
81 Subsection 19A(4) (note 1)
2
Omit "DSD and DIGO", substitute "ASD and AGO".
3
82 Subsection 35(1) (paragraph (d) of the definition of agency
4
head)
5
Omit "Defence Imagery and Geospatial Organisation", substitute
6
"Australian Geospatial-Intelligence Organisation".
7
83 Subsection 35(1) (paragraph (f) of the definition of agency
8
head)
9
Omit "Defence Signals Directorate", substitute "Australian Signals
10
Directorate".
11
Crimes Act 1914
12
84 Paragraph 15KY(3)(b)
13
Omit "Defence Signals Directorate", substitute "Australian Signals
14
Directorate".
15
85 Paragraph 15KY(3)(c)
16
Omit "Defence Imagery and Geospatial Organisation", substitute
17
"Australian Geospatial-Intelligence Organisation".
18
86 Section 85ZL (paragraph (d) of the definition of
19
intelligence or security agency)
20
Omit "Defence Signals Directorate", substitute "Australian Signals
21
Directorate".
22
87 Section 85ZL (paragraph (f) of the definition of intelligence
23
or security agency)
24
Omit "Defence Imagery and Geospatial Organisation", substitute
25
"Australian Geospatial-Intelligence Organisation".
26
Renaming of Defence agencies Schedule 7
Consequential amendments Part 2
No. , 2014
National Security Legislation Amendment Bill (No. 1) 2014
117
Crimes (Overseas) Act 1964
1
88 Section 3
2
Insert:
3
AGO has the same meaning as in the Intelligence Services Act
4
2001.
5
ASD has the same meaning as in the Intelligence Services Act
6
2001.
7
89 Section 3 (definition of DIGO)
8
Repeal the definition.
9
90 Section 3 (definition of DSD)
10
Repeal the definition.
11
91 Section 3 (definition of staff member)
12
Omit "DIGO or DSD", substitute "AGO or ASD".
13
92 Subsection 3A(10) (heading)
14
Repeal the heading, substitute:
15
Defence Force members and ASIS, AGO and ASD staff not covered
16
93 Paragraph 3A(10)(b)
17
Omit "DIGO or DSD" (wherever occurring), substitute "AGO or ASD".
18
94 Subsection 3A(10) (paragraph (a) of the note)
19
Omit "DIGO or DSD", substitute "AGO or ASD".
20
Criminal Code Act 1995
21
95 Section 473.1 of the Criminal Code (paragraph (d) of the
22
definition of intelligence or security officer)
23
Omit "Defence Signals Directorate", substitute "Australian Signals
24
Directorate".
25
Schedule 7 Renaming of Defence agencies
Part 2 Consequential amendments
118
National Security Legislation Amendment Bill (No. 1) 2014
No. , 2014
96 Section 473.1 of the Criminal Code (definition of
1
intelligence or security officer)
2
Omit "or the Defence Signals Directorate", substitute "or the Australian
3
Signals Directorate".
4
97 Subsection 476.5(1) of the Criminal Code
5
Omit "DIGO or DSD", substitute "AGO or ASD".
6
98 Subsection 476.5(3) of the Criminal Code
7
Insert:
8
AGO means that part of the Defence Department known as the
9
Australian Geospatial-Intelligence Organisation.
10
ASD means that part of the Defence Department known as the
11
Australian Signals Directorate.
12
99 Subsection 476.5(3) of the Criminal Code (definition of
13
DIGO)
14
Repeal the definition.
15
100 Subsection 476.5(3) of the Criminal Code (definition of
16
DSD)
17
Repeal the definition.
18
101 Subsection 476.5(3) of the Criminal Code (paragraph (b)
19
of the definition of staff member)
20
Omit "DSD" (wherever occurring), substitute "ASD".
21
102 Subsection 476.5(3) of the Criminal Code (paragraph (c)
22
of the definition of staff member)
23
Omit "DIGO" (wherever occurring), substitute "AGO".
24
Freedom of Information Act 1982
25
103 Subsection 4(1)
26
Insert:
27
Renaming of Defence agencies Schedule 7
Consequential amendments Part 2
No. , 2014
National Security Legislation Amendment Bill (No. 1) 2014
119
Australian Geospatial-Intelligence Organisation means that part
1
of the Department of Defence known as the Australian
2
Geospatial-Intelligence Organisation.
3
Australian Signals Directorate means that part of the Department
4
of Defence known as the Australian Signals Directorate.
5
104 Subsection 4(1) (definition of Defence Imagery and
6
Geospatial Organisation)
7
Repeal the definition.
8
105 Subsection 4(1) (definition of Defence Signals
9
Directorate)
10
Repeal the definition.
11
106 Subparagraph 7(2A)(a)(v)
12
Repeal the subparagraph, substitute:
13
(v) the Australian Geospatial-Intelligence Organisation;
14
107 Subparagraph 7(2A)(a)(vii)
15
Repeal the subparagraph, substitute:
16
(vii) the Australian Signals Directorate;
17
108 Division 2 of Part I of Schedule 2
18
Insert:
19
Australian Geospatial-Intelligence Organisation
Australian Signals Directorate
109 Division 2 of Part I of Schedule 2
20
Omit:
21
Defence Imagery and Geospatial Organisation
110 Division 2 of Part I of Schedule 2
22
Omit:
23
Defence Signals Directorate
Schedule 7 Renaming of Defence agencies
Part 2 Consequential amendments
120
National Security Legislation Amendment Bill (No. 1) 2014
No. , 2014
Independent National Security Legislation Monitor Act 2010
1
111 Section 4 (paragraph (f) of the definition of head)
2
Omit "Defence Imagery and Geospatial Organisation", substitute
3
"Australian Geospatial-Intelligence Organisation".
4
112 Section 4 (paragraph (h) of the definition of head)
5
Omit "Defence Signals Directorate", substitute "Australian Signals
6
Directorate".
7
113 Section 4 (paragraph (g) of the definition of law
8
enforcement or security agency)
9
Omit "Defence Imagery and Geospatial Organisation", substitute
10
"Australian Geospatial-Intelligence Organisation".
11
114 Section 4 (paragraph (i) of the definition of law
12
enforcement or security agency)
13
Omit "Defence Signals Directorate", substitute "Australian Signals
14
Directorate".
15
Inspector-General of Intelligence and Security Act 1986
16
115 Subsection 3(1)
17
Insert:
18
AGO means that part of the Defence Department known as the
19
Australian Geospatial-Intelligence Organisation, and any part of
20
the Defence Force that performs functions on behalf of that part of
21
the Department.
22
ASD means that part of the Defence Department known as the
23
Australian Signals Directorate, and includes any part of the
24
Defence Force that performs functions on behalf of that part of that
25
Department.
26
116 Subsection 3(1) (definition of DIGO)
27
Repeal the definition.
28
Renaming of Defence agencies Schedule 7
Consequential amendments Part 2
No. , 2014
National Security Legislation Amendment Bill (No. 1) 2014
121
117 Subsection 3(1) (definition of DSD)
1
Repeal the definition.
2
118 Subsection 3(1) (paragraph (c) of the definition of head)
3
Repeal the paragraph, substitute:
4
(c) in relation to AGO--the Director of AGO; or
5
119 Subsection 3(1) (paragraph (e) of the definition of head)
6
Repeal the paragraph, substitute:
7
(e) in relation to ASD--the Director of ASD; or
8
120 Subsection 3(1) (definition of intelligence agency)
9
Omit "DIGO", substitute "AGO".
10
121 Subsection 3(1) (definition of intelligence agency)
11
Omit "DSD", substitute "ASD".
12
122 Subsections 8(2) and (4)
13
Omit "DIGO or DSD", substitute "AGO or ASD".
14
123 Subsection 8(5)
15
Omit "DIGO, DSD", substitute "AGO, ASD".
16
124 Paragraph 8A(4)(a)
17
Omit "DIGO or DSD", substitute "AGO or ASD".
18
125 Paragraph 15(3)(b)
19
Omit "DIGO", substitute "AGO".
20
126 Paragraph 15(3)(b)
21
Omit "DSD", substitute "ASD".
22
127 Paragraph 21(1B)(b)
23
Omit "DIGO", substitute "AGO".
24
128 Paragraph 21(1B)(b)
25
Omit "DSD", substitute "ASD".
26
Schedule 7 Renaming of Defence agencies
Part 2 Consequential amendments
122
National Security Legislation Amendment Bill (No. 1) 2014
No. , 2014
129 Paragraph 32A(1)(d)
1
Omit "DIGO", substitute "AGO".
2
130 Paragraph 32A(1)(d)
3
Omit "DSD", substitute "ASD".
4
131 Paragraph 32A(5)(b)
5
Omit "DIGO", substitute "AGO".
6
132 Paragraph 32A(5)(b)
7
Omit "DSD", substitute "ASD".
8
133 Subsection 32B(1)
9
Omit "DIGO or DSD", substitute "AGO or ASD".
10
134 Subsection 35(2B)
11
Omit "and DSD", substitute ", AGO and ASD".
12
Privacy Act 1988
13
135 Paragraph 7(1)(g)
14
Omit "Defence Imagery and Geospatial Organisation or the Defence
15
Signals Directorate", substitute "Australian Geospatial-Intelligence
16
Organisation or the Australian Signals Directorate".
17
136 Paragraph 7(1A)(c)
18
Omit "Defence Signals Directorate", substitute "Australian Signals
19
Directorate".
20
137 Paragraph 7(2)(b)
21
Omit "Defence Imagery and Geospatial Organisation or the Defence
22
Signals Directorate", substitute "Australian Geospatial-Intelligence
23
Organisation or the Australian Signals Directorate".
24
Renaming of Defence agencies Schedule 7
Consequential amendments Part 2
No. , 2014
National Security Legislation Amendment Bill (No. 1) 2014
123
Public Interest Disclosure Act 2013
1
138 Section 8 (paragraph (c) of the definition of intelligence
2
agency)
3
Omit "Defence Imagery and Geospatial Organisation", substitute
4
"Australian Geospatial-Intelligence Organisation".
5
139 Section 8 (paragraph (e) of the definition of intelligence
6
agency)
7
Omit "Defence Signals Directorate", substitute "Australian Signals
8
Directorate".
9
140 Paragraph 72(1)(g)
10
Omit "Defence Imagery and Geospatial Organisation", substitute
11
"Australian Geospatial-Intelligence Organisation".
12
141 Paragraph 72(1)(i)
13
Omit "Defence Signals Directorate", substitute "Australian Signals
14
Directorate".
15
142 Paragraph 72(4)(a)
16
Omit "Defence Imagery and Geospatial Organisation", substitute
17
"Australian Geospatial-Intelligence Organisation".
18
143 Paragraph 72(4)(c)
19
Omit "Defence Signals Directorate", substitute "Australian Signals
20
Directorate".
21
Schedule 7 Renaming of Defence agencies
Part 3 Transitional provisions
124
National Security Legislation Amendment Bill (No. 1) 2014
No. , 2014
Part 3
--Transitional provisions
1
144 Transitional
--subsection 25B(1) of the Acts
2
Interpretation Act 1901
3
Subsection 25B(1) of the Acts Interpretation Act 1901 applies as if:
4
(a) that part of the Defence Department known as the Defence
5
Imagery and Geospatial Organisation were a body and the
6
amendments made by Part 1 of this Schedule altered the
7
name of that body to the Australian Geospatial-Intelligence
8
Organisation; and
9
(b) that part of the Defence Department known as the Defence
10
Signals Directorate were a body and the amendments made
11
by Part 1 of this Schedule altered the name of that body to the
12
Australian Signals Directorate.
13
145 Transitional rules
14
The Minister may, by legislative instrument, make rules in relation to
15
transitional matters arising out of the amendments and repeals made by
16
Parts 1 and 2 of this Schedule.
17