Part I
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Commonwealth act
The ASIO Act establishes Australia’s domestic intelligence agency, empowering it to detect and disrupt espionage, sabotage, terrorism, foreign interference and related threats. It vests operational control in a Director‑General (with ministerial direction limits) and grants wide covert powers — surveillance, computer access, interception, warrants and compulsory questioning — subject to secrecy rules and oversight.
It affects all Australians, government staff, telcos and service operators. It matters because it concentrates intrusive state powers to protect security while raising core civil‑liberties and oversight questions.
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Direct links to the current provisions in Australian Security Intelligence Organisation Act 1979.
This Act may be cited as the Australian Security Intelligence Organisation Act 1979.
This Act shall come into operation on a date to be fixed by Proclamation.
The Australian Security Intelligence Organisation Act 1956 and the Australian Security Intelligence Organisation Act 1976 are repealed.
In this Act, unless the contrary intention appears:
activities prejudicial to security includes any activities concerning which Australia has responsibilities to a foreign country as referred to in paragraph (b) of the definition of security in this section.
acts of foreign interference means activities relating to Australia that are carried on by or on behalf of, are directed or subsidised by or are undertaken in active collaboration with, a foreign power, being activities that:
(a) are clandestine or deceptive and:
(i) are carried on for intelligence purposes;
(ii) are carried on for the purpose of affecting political or governmental processes; or
(iii) are otherwise detrimental to the interests of Australia; or
(b) involve a threat to any person.
AGO has the meaning given by the Intelligence Services Act 2001.
ASD has the meaning given by the Intelligence Services Act 2001.
ASIO affiliate means a person performing functions or services for the Organisation in accordance with a contract, agreement or other arrangement, and includes a person engaged under section 85 and a person performing services under an agreement under section 87, but does not include the Director‑General or an ASIO employee.
ASIO employee means a person employed under section 84 or 90.
ASIS has the meaning given by the Intelligence Services Act 2001.
attacks on Australia’s defence system means activities that are intended to, and are likely to, obstruct, hinder or interfere with the performance by the Defence Force of its functions or with the carrying out of other activities by or for the Commonwealth for the purposes of the defence or safety of the Commonwealth.
Australia, when used in a geographical sense, includes the external Territories.
Australian travel document has the same meaning as in the Australian Passports Act 2005.
authority of a State:
(a) in Part IV—has the meaning given by subsection 35(1); and
(aa) in Part IVA—has the meaning given by section 82A; and
(b) otherwise—includes:
(i) a Department of State of a State, or a Department of the Public Service of a State; and
(ii) a body, whether incorporated or not, established for public purposes by or under a law of a State; and
(iii) a body corporate in which a State or a body referred to in subparagraph (ii) has a controlling interest.
authority of the Commonwealth includes:
(a) a Department of State or an Agency within the meaning of the Public Service Act 1999;
(aa) a Department within the meaning of the Parliamentary Service Act 1999;
(b) the Defence Force;
(c) a body, whether incorporated or not, established for public purposes by or under a law of the Commonwealth or of a Territory;
(d) the holder of an office established for public purposes by or under a law of the Commonwealth or of a Territory;
(e) a prescribed body established in relation to public purposes that are of concern to the Commonwealth and any State or States; and
(f) a body corporate in which the Commonwealth or a body referred to in paragraph (c) has a controlling interest.
carriage service provider has the same meaning as in the Telecommunications Act 1997.
carrier has the same meaning as in the Telecommunications Act 1997.
certified copy means:
(a) in relation to a warrant—a copy of the warrant that has been certified in writing by the Director‑General or a Deputy Director‑General to be a true copy of the warrant; or
(b) in relation to an authorisation under section 27G—a copy of the authorisation that has been certified in writing by the Director‑General or a Deputy Director‑General to be a true copy of the authorisation; or
(c) in relation to an instrument varying or revoking a warrant or an authorisation under section 27G—a copy of the instrument that has been certified in writing by the Director‑General or a Deputy Director‑General to be a true copy of the instrument.
Committee on Intelligence and Security means the Parliamentary Joint Committee on Intelligence and Security established under the Intelligence Services Act 2001.
Commonwealth agency means a Minister or an authority of the Commonwealth.
computer means all or part of:
(a) one or more computers; or
(b) one or more computer systems; or
(c) one or more computer networks; or
(d) any combination of the above.
data storage device means a thing (for example, a disk or file server) containing (whether temporarily or permanently), or designed to contain (whether temporarily or permanently), data for use by a computer.
Defence Department means the Department of State that deals with defence and that is administered by the Minister administering section 1 of the Defence Act 1903.
Defence Minister means the Minister administering section 1 of the Defence Act 1903.
Deputy Director‑General means a person who holds, or is acting in, a position known as Deputy Director‑General of Security.
Director‑General means the Director‑General of Security holding office under this Act.
engage in conduct has the same meaning as in the Criminal Code.
entrusted person means:
(a) an ASIO employee; or
(b) an ASIO affiliate; or
(c) a person who has entered into a contract, agreement or arrangement with ASIO (other than as an ASIO affiliate).
Foreign Affairs Minister means the Minister administering the Diplomatic Privileges and Immunities Act 1967.
foreign intelligence means intelligence about the capabilities, intentions or activities of people or organisations outside Australia.
foreign power means:
(a) a foreign government;
(b) an entity that is directed or controlled by a foreign government or governments; or
(c) a foreign political organisation.
frisk search means:
(a) a search of a person conducted by quickly running the hands over the person’s outer garments; and
(b) an examination of anything worn or carried by the person that is conveniently and voluntarily removed by the person.
IGIS official (short for Inspector‑General of Intelligence and Security official) means:
(a) the Inspector‑General of Intelligence and Security; or
(b) any other person covered by subsection 32(1) of the Inspector‑General of Intelligence and Security Act 1986.
intelligence or security agency means any of the following:
(a) the Australian Secret Intelligence Service;
(aa) the Australian Signals Directorate;
(b) the Office of National Intelligence;
(c) that part of the Defence Department known as the Australian Geospatial‑Intelligence Organisation;
(d) that part of the Defence Department known as the Defence Intelligence Organisation.
intercept a communication passing over a telecommunications system has the same meaning as in the Telecommunications (Interception and Access) Act 1979.
Judge means a Judge of a court created by the Parliament.
law enforcement agency means an authority of the Commonwealth, or an authority of a State, that has functions relating to law enforcement.
ONI means the Office of National Intelligence.
ordinary search means a search of a person or of articles on his or her person that may include:
(a) requiring the person to remove his or her overcoat, coat or jacket and any gloves, shoes and hat; and
(b) an examination of those items.
Organisation means the Australian Security Intelligence Organisation.
participant in a special intelligence operation means a person who is authorised under Division 4 of Part III to engage in special intelligence conduct for the purposes of the special intelligence operation.
permanent resident means a person:
(a) in the case of a natural person:
(i) who is not an Australian citizen;
(ii) whose normal place of residence is situated in Australia;
(iii) whose presence in Australia is not subject to any limitation as to time imposed by law; and
(iv) who is not an unlawful non‑citizen within the meaning of the Migration Act 1958; or
(b) in the case of a body corporate:
(i) which is incorporated under a law in force in a State or Territory; and
(ii) the activities of which are not controlled (whether directly or indirectly) by a foreign power.
politically motivated violence means:
(a) acts or threats of violence or unlawful harm that are intended or likely to achieve a political objective, whether in Australia or elsewhere, including acts or threats carried on for the purpose of influencing the policy or acts of a government, whether in Australia or elsewhere; or
(b) acts that:
(i) involve violence or are intended or are likely to involve or lead to violence (whether by the persons who carry on those acts or by other persons); and
(ii) are directed to overthrowing or destroying, or assisting in the overthrow or destruction of, the government or the constitutional system of government of the Commonwealth or of a State or Territory; or
(ba) acts that are offences punishable under Subdivision A of Division 72, or Part 5.3 or 5.3A, of the Criminal Code; or
(c) acts that are offences punishable under Division 119 of the Criminal Code, the Crimes (Hostages) Act 1989 or Division 1 of Part 2, or Part 3, of the Crimes (Ships and Fixed Platforms) Act 1992 or under Division 1 or 4 of Part 2 of the Crimes (Aviation) Act 1991; or
(d) acts that:
(i) are offences punishable under the Crimes (Internationally Protected Persons) Act 1976; or
(ii) threaten or endanger any person or class of persons specified by the Minister for the purposes of this subparagraph by notice in writing given to the Director‑General.
promotion of communal violence means activities that are directed to promoting violence between different groups of persons in the Australian community so as to endanger the peace, order or good government of the Commonwealth.
retained data has the same meaning as in the Telecommunications (Interception and Access) Act 1979.
security means:
(a) the protection of, and of the people of, the Commonwealth and the several States and Territories from:
(i) espionage;
(ii) sabotage;
(iii) politically motivated violence;
(iv) promotion of communal violence;
(v) attacks on Australia’s defence system; or
(vi) acts of foreign interference;
whether directed from, or committed within, Australia or not; and
(aa) the protection of Australia’s territorial and border integrity from serious threats; and
(b) the carrying out of Australia’s responsibilities to any foreign country in relation to a matter mentioned in any of the subparagraphs of paragraph (a) or the matter mentioned in paragraph (aa).
security clearance decision means a decision to do any of the following:
(a) grant a security clearance to a person;
(b) deny a security clearance in respect of a person;
(c) impose, vary or remove conditions on a security clearance in respect of a person;
(d) suspend a security clearance, or revoke a suspension of a security clearance, held by a person;
(e) revoke a security clearance held by a person.
Note: See also subsection 82L(4) in relation to a decision of an internal reviewer (within the meaning of Part IVA).
security clearance suitability assessment means a statement in writing that:
(a) is furnished by the Organisation; and
(b) is about a person’s suitability to hold a security clearance (with or without conditions imposed in respect of the security clearance) that has been, or may be, granted by another security vetting agency (within the meaning of Part IVA); and
(c) expressly states that it is a security clearance suitability assessment for the purposes of paragraph 82C(1)(d).
seizable item means anything that could present a danger to a person or that could be used to assist a person to escape from lawful custody.
senior position‑holder means an ASIO employee, or an ASIO affiliate, who holds, or is acting in, a position in the Organisation that is:
(a) equivalent to or higher than a position occupied by an SES employee; or
(b) known as Coordinator.
serious crime means conduct that, if engaged in within, or in connection with, Australia, would constitute an offence against the law of the Commonwealth, a State or a Territory punishable by imprisonment for a period exceeding 12 months.
special intelligence conduct means conduct for or in relation to which a person would, but for section 35K, be subject to civil or criminal liability under a law of the Commonwealth, a State or a Territory.
special intelligence function means a function of the Organisation under paragraph 17(1)(a), (b), (e) or (f).
special intelligence operation is an operation:
(a) in relation to which a special intelligence operation authority has been granted; and
(b) that is carried out for a purpose relevant to the performance of one or more special intelligence functions; and
(c) that may involve an ASIO employee or an ASIO affiliate in special intelligence conduct.
special intelligence operation authority means an authority to conduct a special intelligence operation granted under section 35C.
specified assessment action has the meaning given by subsection 92E(4).
staff member of a body (however described) includes:
(a) the head (however described) of the body, or another person who holds an office or appointment in relation to the body; and
(b) a person who is otherwise a member of the staff of the body (whether an employee of the body, a consultant or contractor to the body, or a person who is made available by an authority of the Commonwealth, an authority of a State, or other person, to perform services for the body).
State includes the Australian Capital Territory and the Northern Territory.
strip search means a search of a person or of articles on his or her person that may include:
(a) requiring the person to remove all of his or her garments; and
(b) an examination of the person’s body (but not of the person’s body cavities) and of those garments.
Territory does not include the Australian Capital Territory or the Northern Territory.
violence includes the kidnapping or detention of a person.
Despite subsection 19(1) of the Acts Interpretation Act 1901, a reference in this Act to the Attorney‑General is a reference only to the Minister with that title.
Note: A reference in this Act to the Attorney‑General may include a reference to a person acting as the Attorney‑General: see subsection 19(4) of the Acts Interpretation Act 1901.
Chapter 2 of the Criminal Code (except Part 2.5) applies to all offences against this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
This Act extends to every external Territory.
Where the Minister gives a notice in writing to the Director‑General for the purposes of subparagraph (d)(ii) of the definition of politically motivated violence in section 4, the Minister shall give a copy of the notice to the Inspector‑General of Intelligence and Security.
Unless the Prime Minister is satisfied that exceptional circumstances exist, the Governor‑General must not make a substituted reference order under subsection 19B(2) of the Acts Interpretation Act 1901 that relates to a provision of this Act (other than section 34JE) that refers to the Attorney‑General.
The Australian Security Intelligence Organisation, being the Organisation that was continued in existence by the Acts repealed by this Act, is continued in existence.
(1) There shall be a Director‑General of Security, who shall be appointed by the Governor‑General and shall hold office, subject to this Act, on such terms and conditions as the Governor‑General determines. (2) Before a recommendation is made to the Governor‑General for the appointment of a person as Director‑General, the Prime Minister shall consult with the Leader of the Opposition in the House of Representatives.
(1) The Organisation shall be under the control of the Director‑General. (2) Subject to subsections (4) and (5), in the performance of the Director‑General’s functions under this Act, the Director‑General is subject to the directions of the Minister. (3) If the Director‑General requests that a direction of the Minister be put in writing, the Minister shall comply with the request. (4) The Minister is not empowered to override the opinion of the Director‑General concerning the nature of the advice that should be given by the Organisation. (5) The Minister is not empowered to override the opinion of the Director‑General: (a) on the question whether the collection of intelligence by the Organisation concerning a particular individual would, or would not, be justified by reason of its relevance to security; or (b) on the question whether a communication of intelligence concerning a particular individual would be for a purpose relevant to security; except by a direction contained in an instrument in writing that sets out the Minister’s reasons for overriding the opinion of the Director‑General. (6) The Minister shall, as soon as practicable after giving a direction in writing to the Director‑General, cause a copy of the direction to be given to the Inspector‑General of Intelligence and Security and, if the direction relates to a question referred to in subsection (5), to the Prime Minister. (7) Where intelligence is collected or communicated pursuant to a direction referred to in subsection (5), the Director‑General shall cause a record in writing to be kept of the intelligence so collected or communicated.
(1) The Minister may, from time to time, by written notice given to the Director‑General, give to the Director‑General guidelines to be observed: (a) in the performance by the Organisation of its functions or the exercise of its powers; or (b) in the exercise by the Director‑General of his or her powers under sections 84, 85, 86 and 87. (1A) Before making guidelines under subsection (1), the Minister must consult with the Attorney‑General. (2) The Minister shall, as soon as practicable after the commencement of this section, by notice in writing given to the Director‑General, give to the Director‑General guidelines to be observed in relation to the performance of that part of the Organisation’s functions that relates to politically motivated violence, and may, from time to time, vary or replace guidelines so given. (2A) Before varying or replacing guidelines given under subsection (2), the Minister must consult with the Attorney‑General. (3) Subject to subsection (4), the Minister shall cause a copy of any guidelines given under subsection (1) or (2) to be laid before each House of the Parliament within 15 sitting days of that House after the guidelines were given. (4) Where the laying of a copy of guidelines before the Parliament in accordance with subsection (3) would result in the disclosure of information that would, in the opinion of the Minister, be contrary to the public interest by reason that it would prejudice security, the defence of the Commonwealth, the conduct of the Commonwealth’s international affairs or the privacy of individuals, the Minister may cause a copy of the guidelines to be laid before each House of the Parliament with such deletions as the Minister thinks necessary to avoid that result or decline to cause a copy to be laid before each House of the Parliament. (5) The Minister shall, in accordance with arrangements made between the Minister and the Leader of the Opposition in the House of Representatives, make available to the Leader of the Opposition a copy of any guidelines given under subsection (1) or (2), but it is the duty of the Leader of the Opposition to treat as secret any part of those guidelines that has not been laid before a House of the Parliament. (6) The Minister shall, as soon as practicable after guidelines under subsection (1) or (2) are given to the Director‑General, give a copy of the guidelines to the Inspector‑General of Intelligence and Security and, unless the Minister considers it inappropriate to do so, to the Committee on Intelligence and Security.
(1) Subject to sections 12 and 13, the Director‑General holds office for such period, not exceeding 7 years, as is specified in his or her instrument of appointment, but is eligible for re‑appointment.
(1) The Director‑General shall be paid such remuneration as is determined by the Remuneration Tribunal but, if no determination of that remuneration by the Tribunal is in operation, he or she shall be paid such remuneration as is prescribed. (2) The Director‑General shall be paid such allowances as are prescribed. (3) This section has effect subject to the Remuneration Tribunal Act 1973 and to section 15.
(1) The Director‑General has such recreation leave entitlements as are determined by the Remuneration Tribunal. (2) The Minister may grant the Director‑General leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Minister determines.
The Director‑General may resign from office by writing signed by the Director‑General and delivered to the Governor‑General.
(1) The Governor‑General may terminate the appointment of the Director‑General by reason of physical or mental incapacity, misbehaviour or failure to comply with a provision of this Act. (2) If the Director‑General: (a) is absent from duty, except with leave of absence, for 14 consecutive days or for 28 days in any 12 months; or (b) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; the Governor‑General shall terminate his or her appointment.
(1) The Minister may appoint a person to act as Director‑General: (a) during a vacancy in the office of Director‑General; or (b) during any period, or during all periods, when the Director‑General is absent from duty or from Australia or is, for any reason, unable to perform the functions of his or her office; but a person appointed to act during a vacancy shall not continue so to act for more than 12 months. (2) Before a recommendation is made to the Minister for the appointment of a person, under subsection (1), to act as Director‑General, the Prime Minister shall consult with the Leader of the Opposition in the House of Representatives, unless it is impracticable to do so. (3) An appointment of a person under subsection (1) may be expressed to have effect only in such circumstances as are specified in the instrument of appointment. (4) The Minister may: (a) determine the terms and conditions of appointment, including remuneration and allowances, of a person acting as Director‑General; and (b) at any time terminate such an appointment. (5) Where a person is acting as Director‑General in accordance with paragraph (1)(b) and the office of Director‑General becomes vacant while that person is so acting, that person may continue so to act until the Minister otherwise directs, the vacancy is filled or a period of 12 months from the date on which the vacancy occurred expires, whichever first happens. (6) The appointment of a person to act as Director‑General ceases to have effect if the person resigns the appointment by writing signed by the person and delivered to the Minister. (7) While a person is acting as Director‑General, he or she has, and may exercise, all the powers and shall perform all the functions of the Director‑General.
(1) The appointment of a Judge as Director‑General, or service of a Judge as Director‑General, does not affect the tenure of his or her office as a Judge or his or her rank, title, status, precedence, salary, annual or other allowances or other rights or privileges as the holder of his or her office as a Judge and, for all purposes, his or her service as Director‑General shall be taken to be service as the holder of his or her office as a Judge. (2) Subject to subsection (3), if the Director‑General is a Judge, he or she shall be paid salary at such rate (if any), and an annual allowance at such rate (if any), as are fixed from time to time by the Parliament. (3) If the Director‑General is a Judge, he or she is not, while he or she receives salary or annual allowance as a Judge, entitled to salary or annual allowance, as the case may be, under this Act, except to the extent (if any) that the salary or annual allowance that would be payable to him or her under this Act apart from this subsection exceeds the salary or annual allowance payable to him or her as a Judge.
(1) Subject to subsection 92C(8), the Director‑General may, by signed writing, delegate to a person any of the Director‑General’s powers, functions or duties under or for the purposes of this Act that relate to: (a) the management of ASIO employees or ASIO affiliates; or (b) the financial management of the Organisation.
Note: For further provisions relating to delegations, see sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901.
(1A) The Director‑General may, by writing, delegate any or all of the Director‑General’s functions or powers under section 21A to a senior position‑holder. (1B) Subject to subsection (1C), the Director‑General may, by writing, delegate any or all of the Director‑General’s powers and functions under subsection 82D(1) to a person who is an ASIO employee or an ASIO affiliate.
Note: Subsection 82D(1) provides that the Director‑General may, on behalf of the Organisation, exercise the powers or perform the functions of the Organisation under Part IVA.
(1C) The Director‑General may delegate the power or function under subsection 82D(1) to: (a) make a security clearance decision under paragraph 82C(1)(b); or (b) furnish a security clearance suitability assessment under paragraph 82C(1)(d) that is a prejudicial security clearance suitability assessment (within the meaning of Part IVA); only to an ASIO employee, or an ASIO affiliate, who holds, or is acting in, a position in the Organisation that is equivalent to or higher than an Executive Level 1 position.
Note: The Director‑General may, under subsection (1B), delegate the power or function under subsection 82D(1) to furnish a security clearance suitability assessment under paragraph 82C(1)(d) that is not a prejudicial security clearance suitability assessment.
(2) In exercising powers, performing functions or discharging duties under a delegation, the delegate must comply with any written direction given by the Director‑General to the delegate.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This Act may be cited as the Australian Security Intelligence Organisation Act 1979.
This Act shall come into operation on a date to be fixed by Proclamation.
The Australian Security Intelligence Organisation Act 1956 and the Australian Security Intelligence Organisation Act 1976 are repealed.
In this Act, unless the contrary intention appears:
activities prejudicial to security includes any activities concerning which Australia has responsibilities to a foreign country as referred to in paragraph (b) of the definition of security in this section.
acts of foreign interference means activities relating to Australia that are carried on by or on behalf of, are directed or subsidised by or are undertaken in active collaboration with, a foreign power, being activities that:
(a) are clandestine or deceptive and:
(i) are carried on for intelligence purposes;
(ii) are carried on for the purpose of affecting political or governmental processes; or
(iii) are otherwise detrimental to the interests of Australia; or
(b) involve a threat to any person.
AGO has the meaning given by the Intelligence Services Act 2001.
ASD has the meaning given by the Intelligence Services Act 2001.
ASIO affiliate means a person performing functions or services for the Organisation in accordance with a contract, agreement or other arrangement, and includes a person engaged under section 85 and a person performing services under an agreement under section 87, but does not include the Director‑General or an ASIO employee.
ASIO employee means a person employed under section 84 or 90.
ASIS has the meaning given by the Intelligence Services Act 2001.
attacks on Australia’s defence system means activities that are intended to, and are likely to, obstruct, hinder or interfere with the performance by the Defence Force of its functions or with the carrying out of other activities by or for the Commonwealth for the purposes of the defence or safety of the Commonwealth.
Australia, when used in a geographical sense, includes the external Territories.
Australian travel document has the same meaning as in the Australian Passports Act 2005.
authority of a State:
(a) in Part IV—has the meaning given by subsection 35(1); and
(aa) in Part IVA—has the meaning given by section 82A; and
(b) otherwise—includes:
(i) a Department of State of a State, or a Department of the Public Service of a State; and
(ii) a body, whether incorporated or not, established for public purposes by or under a law of a State; and
(iii) a body corporate in which a State or a body referred to in subparagraph (ii) has a controlling interest.
authority of the Commonwealth includes:
(a) a Department of State or an Agency within the meaning of the Public Service Act 1999;
(aa) a Department within the meaning of the Parliamentary Service Act 1999;
(b) the Defence Force;
(c) a body, whether incorporated or not, established for public purposes by or under a law of the Commonwealth or of a Territory;
(d) the holder of an office established for public purposes by or under a law of the Commonwealth or of a Territory;
(e) a prescribed body established in relation to public purposes that are of concern to the Commonwealth and any State or States; and
(f) a body corporate in which the Commonwealth or a body referred to in paragraph (c) has a controlling interest.
carriage service provider has the same meaning as in the Telecommunications Act 1997.
carrier has the same meaning as in the Telecommunications Act 1997.
certified copy means:
(a) in relation to a warrant—a copy of the warrant that has been certified in writing by the Director‑General or a Deputy Director‑General to be a true copy of the warrant; or
(b) in relation to an authorisation under section 27G—a copy of the authorisation that has been certified in writing by the Director‑General or a Deputy Director‑General to be a true copy of the authorisation; or
(c) in relation to an instrument varying or revoking a warrant or an authorisation under section 27G—a copy of the instrument that has been certified in writing by the Director‑General or a Deputy Director‑General to be a true copy of the instrument.
Committee on Intelligence and Security means the Parliamentary Joint Committee on Intelligence and Security established under the Intelligence Services Act 2001.
Commonwealth agency means a Minister or an authority of the Commonwealth.
computer means all or part of:
(a) one or more computers; or
(b) one or more computer systems; or
(c) one or more computer networks; or
(d) any combination of the above.
data storage device means a thing (for example, a disk or file server) containing (whether temporarily or permanently), or designed to contain (whether temporarily or permanently), data for use by a computer.
Defence Department means the Department of State that deals with defence and that is administered by the Minister administering section 1 of the Defence Act 1903.
Defence Minister means the Minister administering section 1 of the Defence Act 1903.
Deputy Director‑General means a person who holds, or is acting in, a position known as Deputy Director‑General of Security.
Director‑General means the Director‑General of Security holding office under this Act.
engage in conduct has the same meaning as in the Criminal Code.
entrusted person means:
(a) an ASIO employee; or
(b) an ASIO affiliate; or
(c) a person who has entered into a contract, agreement or arrangement with ASIO (other than as an ASIO affiliate).
Foreign Affairs Minister means the Minister administering the Diplomatic Privileges and Immunities Act 1967.
foreign intelligence means intelligence about the capabilities, intentions or activities of people or organisations outside Australia.
foreign power means:
(a) a foreign government;
(b) an entity that is directed or controlled by a foreign government or governments; or
(c) a foreign political organisation.
frisk search means:
(a) a search of a person conducted by quickly running the hands over the person’s outer garments; and
(b) an examination of anything worn or carried by the person that is conveniently and voluntarily removed by the person.
IGIS official (short for Inspector‑General of Intelligence and Security official) means:
(a) the Inspector‑General of Intelligence and Security; or
(b) any other person covered by subsection 32(1) of the Inspector‑General of Intelligence and Security Act 1986.
intelligence or security agency means any of the following:
(a) the Australian Secret Intelligence Service;
(aa) the Australian Signals Directorate;
(b) the Office of National Intelligence;
(c) that part of the Defence Department known as the Australian Geospatial‑Intelligence Organisation;
(d) that part of the Defence Department known as the Defence Intelligence Organisation.
intercept a communication passing over a telecommunications system has the same meaning as in the Telecommunications (Interception and Access) Act 1979.
Judge means a Judge of a court created by the Parliament.
law enforcement agency means an authority of the Commonwealth, or an authority of a State, that has functions relating to law enforcement.
ONI means the Office of National Intelligence.
ordinary search means a search of a person or of articles on his or her person that may include:
(a) requiring the person to remove his or her overcoat, coat or jacket and any gloves, shoes and hat; and
(b) an examination of those items.
Organisation means the Australian Security Intelligence Organisation.
participant in a special intelligence operation means a person who is authorised under Division 4 of Part III to engage in special intelligence conduct for the purposes of the special intelligence operation.
permanent resident means a person:
(a) in the case of a natural person:
(i) who is not an Australian citizen;
(ii) whose normal place of residence is situated in Australia;
(iii) whose presence in Australia is not subject to any limitation as to time imposed by law; and
(iv) who is not an unlawful non‑citizen within the meaning of the Migration Act 1958; or
(b) in the case of a body corporate:
(i) which is incorporated under a law in force in a State or Territory; and
(ii) the activities of which are not controlled (whether directly or indirectly) by a foreign power.
politically motivated violence means:
(a) acts or threats of violence or unlawful harm that are intended or likely to achieve a political objective, whether in Australia or elsewhere, including acts or threats carried on for the purpose of influencing the policy or acts of a government, whether in Australia or elsewhere; or
(b) acts that:
(i) involve violence or are intended or are likely to involve or lead to violence (whether by the persons who carry on those acts or by other persons); and
(ii) are directed to overthrowing or destroying, or assisting in the overthrow or destruction of, the government or the constitutional system of government of the Commonwealth or of a State or Territory; or
(ba) acts that are offences punishable under Subdivision A of Division 72, or Part 5.3 or 5.3A, of the Criminal Code; or
(c) acts that are offences punishable under Division 119 of the Criminal Code, the Crimes (Hostages) Act 1989 or Division 1 of Part 2, or Part 3, of the Crimes (Ships and Fixed Platforms) Act 1992 or under Division 1 or 4 of Part 2 of the Crimes (Aviation) Act 1991; or
(d) acts that:
(i) are offences punishable under the Crimes (Internationally Protected Persons) Act 1976; or
(ii) threaten or endanger any person or class of persons specified by the Minister for the purposes of this subparagraph by notice in writing given to the Director‑General.
promotion of communal violence means activities that are directed to promoting violence between different groups of persons in the Australian community so as to endanger the peace, order or good government of the Commonwealth.
retained data has the same meaning as in the Telecommunications (Interception and Access) Act 1979.
security means:
(a) the protection of, and of the people of, the Commonwealth and the several States and Territories from:
(i) espionage;
(ii) sabotage;
(iii) politically motivated violence;
(iv) promotion of communal violence;
(v) attacks on Australia’s defence system; or
(vi) acts of foreign interference;
whether directed from, or committed within, Australia or not; and
(aa) the protection of Australia’s territorial and border integrity from serious threats; and
(b) the carrying out of Australia’s responsibilities to any foreign country in relation to a matter mentioned in any of the subparagraphs of paragraph (a) or the matter mentioned in paragraph (aa).
security clearance decision means a decision to do any of the following:
(a) grant a security clearance to a person;
(b) deny a security clearance in respect of a person;
(c) impose, vary or remove conditions on a security clearance in respect of a person;
(d) suspend a security clearance, or revoke a suspension of a security clearance, held by a person;
(e) revoke a security clearance held by a person.
Note: See also subsection 82L(4) in relation to a decision of an internal reviewer (within the meaning of Part IVA).
security clearance suitability assessment means a statement in writing that:
(a) is furnished by the Organisation; and
(b) is about a person’s suitability to hold a security clearance (with or without conditions imposed in respect of the security clearance) that has been, or may be, granted by another security vetting agency (within the meaning of Part IVA); and
(c) expressly states that it is a security clearance suitability assessment for the purposes of paragraph 82C(1)(d).
seizable item means anything that could present a danger to a person or that could be used to assist a person to escape from lawful custody.
senior position‑holder means an ASIO employee, or an ASIO affiliate, who holds, or is acting in, a position in the Organisation that is:
(a) equivalent to or higher than a position occupied by an SES employee; or
(b) known as Coordinator.
serious crime means conduct that, if engaged in within, or in connection with, Australia, would constitute an offence against the law of the Commonwealth, a State or a Territory punishable by imprisonment for a period exceeding 12 months.
special intelligence conduct means conduct for or in relation to which a person would, but for section 35K, be subject to civil or criminal liability under a law of the Commonwealth, a State or a Territory.
special intelligence function means a function of the Organisation under paragraph 17(1)(a), (b), (e) or (f).
special intelligence operation is an operation:
(a) in relation to which a special intelligence operation authority has been granted; and
(b) that is carried out for a purpose relevant to the performance of one or more special intelligence functions; and
(c) that may involve an ASIO employee or an ASIO affiliate in special intelligence conduct.
special intelligence operation authority means an authority to conduct a special intelligence operation granted under section 35C.
specified assessment action has the meaning given by subsection 92E(4).
staff member of a body (however described) includes:
(a) the head (however described) of the body, or another person who holds an office or appointment in relation to the body; and
(b) a person who is otherwise a member of the staff of the body (whether an employee of the body, a consultant or contractor to the body, or a person who is made available by an authority of the Commonwealth, an authority of a State, or other person, to perform services for the body).
State includes the Australian Capital Territory and the Northern Territory.
strip search means a search of a person or of articles on his or her person that may include:
(a) requiring the person to remove all of his or her garments; and
(b) an examination of the person’s body (but not of the person’s body cavities) and of those garments.
Territory does not include the Australian Capital Territory or the Northern Territory.
violence includes the kidnapping or detention of a person.
Despite subsection 19(1) of the Acts Interpretation Act 1901, a reference in this Act to the Attorney‑General is a reference only to the Minister with that title.
Note: A reference in this Act to the Attorney‑General may include a reference to a person acting as the Attorney‑General: see subsection 19(4) of the Acts Interpretation Act 1901.
Chapter 2 of the Criminal Code (except Part 2.5) applies to all offences against this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
This Act extends to every external Territory.
Where the Minister gives a notice in writing to the Director‑General for the purposes of subparagraph (d)(ii) of the definition of politically motivated violence in section 4, the Mi
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