{"id":"F2025L01546","name":"Australian Security Intelligence Organisation Regulations 2025","slug":"australian-security-intelligence-organisation-regulations-2025","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":443077,"registerId":"F2025L01546-fast-fetch-1775957984928","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Australian Security Intelligence Organisation Regulations 2025","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nAustralian Security Intelligence Organisation Regulations 2025\n\nI, the Honourable Sam Mostyn AC, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.\n\nDated   11 December 2025\n\nSam Mostyn AC\n\nGovernor‑General\n\nBy Her Excellency’s Command\n\nTony Burke\n\nMinister for Home Affairs\n\n \n\n \n\n \n\n \n\n \n\n \n\nContents\n\nPart 1—Preliminary\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Schedules\n\n5 Definitions\n\nPart 2—Cooperation\n\n6 Cooperation with intelligence and law enforcement agencies etc.\n\nPart 3—Questioning warrants\n\n7 Lawyers’ access to security information for proceedings relating to questioning warrant\n\n8 Secrecy relating to questioning warrants\n\nPart 4—Prescribed information for notices\n\n9 Prescribed information—review of security assessments under Part IV of the Act\n\n10 Prescribed information—internally reviewable decisions under Part IVA of the Act\n\n11 Prescribed information—externally reviewable decisions under Part IVA of the Act\n\n12 Prescribed information—independently reviewable decisions under Part IVA of the Act\n\nSchedule 1—Repeals\n\nAustralian Security Intelligence Organisation Regulation 2016\n\n \n\nPart 1—Preliminary\n\n \n\n1  Name\n\n  This instrument is the Australian Security Intelligence Organisation Regulations 2025.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument The day after this instrument is registered. 16 December 2025\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under the Australian Security Intelligence Organisation Act 1979.\n\n4  Schedules\n\n  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n5  Definitions\n\nNote: A number of expressions used in this instrument are defined in the Act, including the following:\n\n(a) lawyer;\n\n(b) questioning warrant;\n\n(c) Organisation.\n\n  In this instrument:\n\nAct means the Australian Security Intelligence Organisation Act 1979.\n\naffected person:\n\n (a) in relation to an internally reviewable decision—has the meaning given by section 82H of the Act; and\n\n (b) in relation to an externally reviewable decision—has the meaning given by section 83 of the Act; and\n\n (c) in relation to an independently reviewable decision—has the meaning given by section 83EA of the Act.\n\nexternally reviewable decision has the meaning given by section 83 of the Act.\n\nindependently reviewable decision has the meaning given by section 83EA of the Act.\n\nindependent reviewer means a person engaged as an independent reviewer under section 83EF of the Act.\n\ninternally reviewable decision has the meaning given by section 82H of the Act.\n\ninternal reviewer has the meaning given by subsection 82L(1) of the Act.\n\nPart 2—Cooperation\n\n \n\n6  Cooperation with intelligence and law enforcement agencies etc.\n\n  For the purposes of paragraph 19A(1)(e) of the Act, the following authorities of the Commonwealth are prescribed:\n\n (a) the Defence Department;\n\n (b) the Defence Force.\n\nPart 3—Questioning warrants\n\n \n\n7  Lawyers’ access to security information for proceedings relating to questioning warrant\n\n (1) For the purposes of section 34FH of the Act, this section regulates access to information (security information), that is otherwise controlled or limited on security grounds, by a lawyer acting for a person in connection with proceedings for a remedy relating to:\n\n (a) a questioning warrant in relation to the person; or\n\n (b) the treatment of the person in connection with such a warrant.\n\n (2) Access to security information is to be given to the lawyer only if:\n\n (a) the lawyer has been given a security clearance in relation to the information at the level considered appropriate by the Secretary of the Department; or\n\n (b) the Secretary of the Department is satisfied that giving the lawyer access to the information would not be prejudicial to the interests of security.\n\nNote: Security clearances are given in accordance with the Australian Government’s Protective Security Policy Framework.\n\n (3) The Secretary of the Department may impose such conditions as the Secretary considers appropriate on the lawyer’s access to the security information, including conditions relating to the use, handling, storage or disclosure of the information.\n\n (4) Nothing in this section entitles a lawyer who has been given a security clearance to be given access to security information.\n\n8  Secrecy relating to questioning warrants\n\n  For the purposes of subsection 34GF(6) of the Act, a direction given by a prescribed authority to a lawyer for the subject of a questioning warrant must not permit the lawyer to communicate to anyone else information that:\n\n (a) is obtained during:\n\n (i) questioning of the subject under the warrant; or\n\n (ii) apprehension of the subject in connection with the warrant; and\n\n (b) relates to:\n\n (i) sources or holdings of intelligence; or\n\n (ii) the Organisation’s method of operations.\n\nNote 1: This section limits the disclosure of information that may be permitted under a direction given by a prescribed authority under subsection 34GF(6) of the Act.\n\nNote 2: A disclosure of information in contravention of such a direction may not be a permitted disclosure for the purposes of section 34GF of the Act.\n\nPart 4—Prescribed information for notices\n\n \n\n9  Prescribed information—review of security assessments under Part IV of the Act\n\n (1) For the purposes of subsection 38(1) of the Act, the following information is prescribed for a notice given to a person in relation to an adverse or qualified security assessment in respect of the person:\n\n (a) a statement that:\n\n (i) the Organisation is an exempt agency under subsection 7(1) of the Freedom of Information Act 1982; and\n\n (ii) the person is not able to obtain access to documents or information about the assessment under that Act;\n\n (b) information about the following matters:\n\n (i) how the person may seek review, by the Administrative Review Tribunal, of the assessment, including how the application for that review is to be made;\n\n (ii) whether there are any time limits for seeking that review and, if so, what those time limits are;\n\n (iii) whether or not a fee is payable for that review and, if so, the amount of the fee and when it is payable;\n\n (iv) whether the Administrative Review Tribunal is required to conduct the review within a particular period and, if so, what that period is;\n\n (v) any procedures of the Administrative Review Tribunal that the Organisation considers that the person should be made aware of, including whether the person may be contacted by the Administrative Review Tribunal.\n\n (2) In giving information about the matters mentioned in paragraph (1)(b), the notice may include an electronic link or website address to provide access to or explain the information.\n\nNote: Whether it is appropriate to include an electronic link or website address to provide access to or explain particular information will depend on the circumstances.\n\n10  Prescribed information—internally reviewable decisions under Part IVA of the Act\n\n  For the purposes of subsection 82J(2) of the Act, the following information is prescribed for a notice given to an affected person in relation to an internally reviewable decision mentioned in subsection 82J(1) of the Act:\n\n (a) a statement that:\n\n (i) the Organisation is an exempt agency under subsection 7(1) of the Freedom of Information Act 1982; and\n\n (ii) the affected person is not able to obtain access to documents or information about the decision under that Act;\n\n (b) information about the following matters:\n\n (i) how an affected person may seek review, by an internal reviewer, of the internally reviewable decision, including how the application for that review is to be made;\n\n (ii) whether there are any time limits for seeking that review and, if so, what those time limits are;\n\n (iii) whether or not a fee is payable for that review and, if so, the amount of the fee and when it is payable;\n\n (iv) whether the internal reviewer is required to conduct the review within a particular period and, if so, what that period is;\n\n (v) any procedures of the internal reviewer that the Organisation considers that an affected person should be made aware of, including whether an affected person may be contacted by the internal reviewer.\n\n11  Prescribed information—externally reviewable decisions under Part IVA of the Act\n\n (1) This section prescribes, for the purposes of subsections 82L(6) and 83A(2) of the Act, information for a notice given to an affected person in relation to an externally reviewable decision referred to in subsection 82L(5) or 83A(1) of the Act.\n\nPrescribed information if Minister has not issued conclusive certificate\n\n (2) If the Minister has not issued a conclusive certificate in relation to the externally reviewable decision under subsection 83E(1) of the Act, the following information is prescribed:\n\n (a) a statement that:\n\n (i) the Organisation is an exempt agency under subsection 7(1) of the Freedom of Information Act 1982; and\n\n (ii) the affected person is not able to obtain access to documents or information about the decision under that Act;\n\n (b) information about the following matters:\n\n (i) how an affected person may seek review, by the Administrative Review Tribunal, of the externally reviewable decision, including how the application for that review is to be made;\n\n (ii) whether there are any time limits for seeking that review and, if so, what those time limits are;\n\n (iii) whether or not a fee is payable for that review and, if so, the amount of the fee and when it is payable;\n\n (iv) whether the Administrative Review Tribunal is required to conduct the review within a particular period and, if so, what that period is;\n\n (v) any procedures of the Administrative Review Tribunal that the Organisation considers that an affected person should be made aware of, including whether an affected person may be contacted by the Administrative Review Tribunal.\n\n (3) In giving information about the matters mentioned in paragraph (2)(b), the notice may include an electronic link or website address to provide access to or explain the information.\n\nNote: Whether it is appropriate to include an electronic link or website address to provide access to or explain particular information will depend on the circumstances.\n\nPrescribed information if Minister has issued conclusive certificate\n\n (4) If the Minister has issued a conclusive certificate in relation to the externally reviewable decision under subsection 83E(1) of the Act, the prescribed information is a statement given by the Organisation to the affected person that:\n\n (a) the Organisation is an exempt agency under subsection 7(1) of the Freedom of Information Act 1982; and\n\n (b) the affected person is not able to obtain access to documents or information about the decision under that Act; and\n\n (c) the decision is an externally reviewable decision under section 83 of the Act; and\n\n (d) the Minister has issued a conclusive certificate in relation to the decision under subsection 83E(1) of the Act; and\n\n (e) the effect of the conclusive certificate is that the Administrative Review Tribunal must not review, or continue to review, the decision.\n\n12  Prescribed information—independently reviewable decisions under Part IVA of the Act\n\n (1) For the purposes of subsection 82L(6A) of the Act, the following information is prescribed for a notice given to an affected person in relation to an independently reviewable decision mentioned in subsection 82L(5) of the Act:\n\n (a) a statement that:\n\n (i) the Organisation is an exempt agency under subsection 7(1) of the Freedom of Information Act 1982; and\n\n (ii) the affected person is not able to obtain access to documents or information about the decision under that Act;\n\n (b) information about the following matters:\n\n (i) how an affected person may seek review, by an independent reviewer, of the independently reviewable decision, including how the application for that review is to be made;\n\n (ii) whether there are any time limits for seeking that review and, if so, what those time limits are;\n\n (iii) whether or not a fee is payable for that review and, if so, the amount of the fee and when it is payable;\n\n (iv) whether the independent reviewer is required to conduct the review within a particular period and, if so, what that period is;\n\n (v) any procedures of the independent reviewer that the Organisation considers that an affected person should be made aware of, including whether an affected person may be contacted by the independent reviewer.\n\n (2) In giving information about the matters mentioned in paragraph (1)(b), the notice may include an electronic link or website address to provide access to or explain the information.\n\nNote: Whether it is appropriate to include an electronic link or website address to provide access to or explain particular information will depend on the circumstances.\n\nSchedule 1—Repeals\n\n \n\nAustralian Security Intelligence Organisation Regulation 2016\n\n1  The whole of the instrument\n\nRepeal the instrument.\n\n \n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This is a straightforward repeal and replacement of the 2016 Regulations. The scope remains consistent with the original intent: operational details supporting the ASIO Act. The new provisions largely mirror the structure of the old regulations (cooperation provisions, questioning warrant procedures, notice requirements) but update them to reflect legislative changes to the ASIO Act, particularly the new review mechanisms (internal, external, and independent reviews) introduced in recent amendments. No significant scope creep is evident."},"complexity_factors":["Multiple cross-references to the ASIO Act 1979 (sections 19A, 34FH, 34GF, 38, 82H, 82J, 82L, 83, 83A, 83E, 83EA, 83EF) requiring familiarity with the primary legislation","Nested conditional logic in Part 4: different notice requirements depending on whether the decision is internally reviewable, externally reviewable, or independently reviewable, with further bifurcation for externally reviewable decisions based on whether a conclusive certificate has been issued","Defined terms rely heavily on external definitions in the Act (affected person, questioning warrant, internally/externally/independently reviewable decisions)","Repetitive but slightly varied structure across sections 9-12, creating surface complexity in tracking differences between review types","Security clearance framework references external policy (Protective Security Policy Framework) not contained in the instrument itself"],"plain_english_summary":"This legislation replaces the 2016 regulations governing ASIO’s practical operations. It formalises cooperation with Defence, tightens how lawyers may access classified material during compulsory questioning, and requires standard notices explaining review rights and limits (including where review is blocked by ministerial certificate). It affects people subject to ASIO security assessments or compulsory questioning, aiming to balance national‑security protections with clearer procedural fairness."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"This instrument repeals the Australian Security Intelligence Organisation Regulation 2016 (Schedule 1) and re‑establishes rules on cooperation (s6), lawyer access and secrecy for questioning warrants (ss7–8), and prescribed notice content for reviews and assessments (ss9–12). The text is a replacement of the prior instrument’s subject matter, but it does not, by itself, show whether the overall regulatory scope is broader or narrower than the 2016 regulations — determining net scope change would require a side‑by‑side comparison with the repealed 2016 instrument."},"complexity_factors":["Frequent cross‑references to the Act (requires reading ss.19A(1)(e), 34FH, 34GF, Part IV and Part IVA — eg. ss.34FH, 34GF, 38, 82H, 82J, 82L, 83, 83E, 83EA, 83EF).","Secretary and Minister discretion: Secretary decides appropriate security clearance level or whether access would be prejudicial (s7(2)); may impose conditions on access (s7(3)). Minister may issue a conclusive certificate affecting external review (s11(2)–(4)).","Security‑clearance process is external to the instrument (note referencing the Protective Security Policy Framework) so implementation requires coordination with whole‑of‑government clearance systems (s7(2) note).","Secrecy and limits on permitted disclosure for lawyers: directions must bar communication of information about intelligence sources/holdings and Organisation methods (s8), creating a binary constraint that interacts with permitted disclosure rules in the Act (s8 notes).","Prescribed notice content is detailed and procedural (ss9–12) — notices must state FOI exemption, review routes, time limits and fees, tribunal/reviewer procedures, and may include electronic links (ss9(1)(a)–(b), 10(a)–(b), 11(2)(a)–(b), 12(1)(a)–(b)).","Compliance and administrative burden: lawyers must obtain clearances or persuade the Secretary that disclosure is safe (s7(2)(a)–(b)); ASIO must prepare standardised notices and manage internal/external review information (ss9–12).","Repeal and transition risk: the whole 2016 Regulation is repealed (Schedule 1), so administrators must map old rules to the new instrument to avoid gaps (Schedule 1).","Interaction with other agencies: prescribes Defence Department and Defence Force as authorities for cooperation (s6), creating interagency operational links.","Potential for legal uncertainty where the instrument defers substantive determinations to other decision‑makers or documents (eg. Protective Security Policy Framework and unspecified Administrative Review Tribunal/internal reviewer procedures referenced in ss9–12)."],"plain_english_summary":"These regulations set procedural rules for ASIO on four topics: cooperation with Defence authorities; how lawyers can access classified material when challenging a questioning warrant; secrecy limits on what those lawyers may disclose; and the exact content ASIO must put in notices about security assessments and review rights. They prescribe security‑clearance requirements and Secretary/Minister decision points, and repeal the 2016 regulations. Affected people include persons subject to questioning warrants, their lawyers, Defence, and people given security assessments or review notices."}},"importantCases":[],"_links":{"self":"/api/acts/australian-security-intelligence-organisation-regulations-2025","history":"/api/acts/australian-security-intelligence-organisation-regulations-2025/history","analysis":"/api/acts/australian-security-intelligence-organisation-regulations-2025/analysis","conflicts":"/api/acts/australian-security-intelligence-organisation-regulations-2025/conflicts","importantCases":"/api/acts/australian-security-intelligence-organisation-regulations-2025/important-cases","documents":"/api/acts/australian-security-intelligence-organisation-regulations-2025/documents"}}