{"id":"F2021L01755","name":"Intelligence Services Regulations 2021","slug":"intelligence-services-regulations-2021","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441105,"registerId":"F2021L01755-fast-fetch-1775956505042","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Intelligence Services Regulations 2021","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nIntelligence Services Regulations 2021\n\nI, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.\n\nDated 09 December 2021\n\nDavid Hurley\n\nGovernor‑General\n\nBy His Excellency’s Command\n\nMarise Payne\n\nMinister for Foreign Affairs\n\n \n\n \n\n \n\n \n\n \n\n \n\nContents\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Definitions:\n\n5 Cooperation with prescribed agencies\n\n \n\n1  Name\n\n  This instrument is the Intelligence Services Regulations 2021.\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 later of:(a) the day after this instrument is registered; and(b) immediately after the commencement of Part 1 of Schedule 1 to the Security Legislation Amendment (Critical Infrastructure) Act 2021.However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. 11 December 2021 (paragraph (a) applies)\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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 Intelligence Services Act 2001.\n\n4  Definitions\n\n  In this instrument:\n\nAct means the Intelligence Services Act 2001.\n\nHome Affairs Department means the Department administered by the Minister administering the Security of Critical Infrastructure Act 2018.\n\n5  Cooperation with prescribed agencies\n\n (1) For the purposes of paragraph 13A(1)(c) of the Act, the Home Affairs Department is prescribed.\n\n (2) Subsection (1) has effect only in relation to ASD.\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations remain tightly scoped to their original purpose. They prescribe a single agency (Home Affairs Department) for cooperation with a single intelligence service (ASD), directly implementing the enabling power in section 13A of the Intelligence Services Act 2001. There is no evidence of scope creep or expansion beyond the original legislative intent."},"complexity_factors":["Extremely short — only 5 sections, fitting on roughly 2 pages","Only 2 defined terms ('Act' and 'Home Affairs Department')","Single operative provision (section 5) with a simple prescription and a limiting condition","No cross-references beyond the parent Act and one external Act","No exceptions, nested conditions, or elaborate machinery provisions","Commencement table is standard and straightforward"],"plain_english_summary":"These regulations add the Department of Home Affairs to the list of agencies the Australian Signals Directorate (ASD) may lawfully cooperate with. It gives ASD explicit authority to share intelligence and assist Home Affairs, chiefly to help protect critical infrastructure from cyber threats.  \n\nIn short: a narrow, technical change that removes a legal barrier to ASD–Home Affairs information sharing for domestic security."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument adds a specific prescription under paragraph 13A(1)(c) of the Intelligence Services Act 2001 by naming the Home Affairs Department as a prescribed agency for ASD (reg 5(1)–(2)). It does not amend the Act itself or extend prescription to other agencies; therefore it does not alter the broader statutory scope beyond the targeted designation."},"complexity_factors":["Very short instrument with a small number of provisions (regs 1–5)","Direct cross-reference to the Intelligence Services Act 2001 and to paragraph 13A(1)(c) (reg 3; reg 5(1))","Conditional commencement tied to the commencement of Part 1 of Schedule 1 to the Security Legislation Amendment (Critical Infrastructure) Act 2021 (reg 2(1)) — creates legal dependency on another Act","Narrow, single-purpose prescription limited to ASD (reg 5(2)) which reduces breadth but increases the need to read the parent Act for full effect","Defines the Home Affairs Department term for operational clarity (reg 4) rather than creating new operational powers","Low procedural complexity but requires agencies and legal advisers to consult external instruments and the Intelligence Services Act to understand practical effects"],"plain_english_summary":"This regulation designates the Department of Home Affairs as a \"prescribed agency\" for the specific cooperation power in paragraph 13A(1)(c) of the Intelligence Services Act 2001, but only in relation to the Australian Signals Directorate (ASD). It takes effect on registration and once Part 1 of Schedule 1 to the Security Legislation Amendment (Critical Infrastructure) Act 2021 commences. It clarifies the statutory basis for cooperation between ASD and Home Affairs under the cited provision."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/intelligence-services-regulations-2021","history":"/api/acts/intelligence-services-regulations-2021/history","analysis":"/api/acts/intelligence-services-regulations-2021/analysis","conflicts":"/api/acts/intelligence-services-regulations-2021/conflicts","importantCases":"/api/acts/intelligence-services-regulations-2021/important-cases","documents":"/api/acts/intelligence-services-regulations-2021/documents"}}