Australian Security Intelligence Organisation Regulations 2025
I, 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.
Dated 11 December 2025
Sam Mostyn AC
Governor‑General
By Her Excellency’s Command
Tony Burke
Minister for Home Affairs
Contents
Part 1—Preliminary
1 Name
2 Commencement
3 Authority
4 Schedules
5 Definitions
Part 2—Cooperation
6 Cooperation with intelligence and law enforcement agencies etc.
Part 3—Questioning warrants
7 Lawyers’ access to security information for proceedings relating to questioning warrant
8 Secrecy relating to questioning warrants
Part 4—Prescribed information for notices
9 Prescribed information—review of security assessments under Part IV of the Act
10 Prescribed information—internally reviewable decisions under Part IVA of the Act
11 Prescribed information—externally reviewable decisions under Part IVA of the Act
12 Prescribed information—independently reviewable decisions under Part IVA of the Act
Schedule 1—Repeals
Australian Security Intelligence Organisation Regulation 2016
Part 1—Preliminary
1 Name
This instrument is the Australian Security Intelligence Organisation Regulations 2025.
2 Commencement
(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.
Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Details
The whole of this instrument The day after this instrument is registered. 16 December 2025
Note: This table relates only to the provisions of this instrument as originally made.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.
(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.
3 Authority
This instrument is made under the Australian Security Intelligence Organisation Act 1979.
4 Schedules
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
5 Definitions
Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) lawyer;
(b) questioning warrant;
(c) Organisation.
In this instrument:
Act means the Australian Security Intelligence Organisation Act 1979.
affected person:
(a) in relation to an internally reviewable decision—has the meaning given by section 82H of the Act; and
(b) in relation to an externally reviewable decision—has the meaning given by section 83 of the Act; and
(c) in relation to an independently reviewable decision—has the meaning given by section 83EA of the Act.
externally reviewable decision has the meaning given by section 83 of the Act.
independently reviewable decision has the meaning given by section 83EA of the Act.
independent reviewer means a person engaged as an independent reviewer under section 83EF of the Act.
internally reviewable decision has the meaning given by section 82H of the Act.
internal reviewer has the meaning given by subsection 82L(1) of the Act.
Part 2—Cooperation
6 Cooperation with intelligence and law enforcement agencies etc.
For the purposes of paragraph 19A(1)(e) of the Act, the following authorities of the Commonwealth are prescribed:
(a) the Defence Department;
(b) the Defence Force.
Part 3—Questioning warrants
7 Lawyers’ access to security information for proceedings relating to questioning warrant
(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:
(a) a questioning warrant in relation to the person; or
(b) the treatment of the person in connection with such a warrant.
(2) Access to security information is to be given to the lawyer only if:
(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
(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.
Note: Security clearances are given in accordance with the Australian Government’s Protective Security Policy Framework.
(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.
(4) Nothing in this section entitles a lawyer who has been given a security clearance to be given access to security information.
8 Secrecy relating to questioning warrants
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:
(a) is obtained during:
(i) questioning of the subject under the warrant; or
(ii) apprehension of the subject in connection with the warrant; and
(b) relates to:
(i) sources or holdings of intelligence; or
(ii) the Organisation’s method of operations.
Note 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.
Note 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.
Part 4—Prescribed information for notices
9 Prescribed information—review of security assessments under Part IV of the Act
(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:
(a) a statement that:
(i) the Organisation is an exempt agency under subsection 7(1) of the Freedom of Information Act 1982; and
(ii) the person is not able to obtain access to documents or information about the assessment under that Act;
(b) information about the following matters:
(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;
(ii) whether there are any time limits for seeking that review and, if so, what those time limits are;
(iii) whether or not a fee is payable for that review and, if so, the amount of the fee and when it is payable;
(iv) whether the Administrative Review Tribunal is required to conduct the review within a particular period and, if so, what that period is;
(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.
(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.
Note: 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.
10 Prescribed information—internally reviewable decisions under Part IVA of the Act
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:
(a) a statement that:
(i) the Organisation is an exempt agency under subsection 7(1) of the Freedom of Information Act 1982; and
(ii) the affected person is not able to obtain access to documents or information about the decision under that Act;
(b) information about the following matters:
(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;
(ii) whether there are any time limits for seeking that review and, if so, what those time limits are;
(iii) whether or not a fee is payable for that review and, if so, the amount of the fee and when it is payable;
(iv) whether the internal reviewer is required to conduct the review within a particular period and, if so, what that period is;
(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.
11 Prescribed information—externally reviewable decisions under Part IVA of the Act
(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.
Prescribed information if Minister has not issued conclusive certificate
(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:
(a) a statement that:
(i) the Organisation is an exempt agency under subsection 7(1) of the Freedom of Information Act 1982; and
(ii) the affected person is not able to obtain access to documents or information about the decision under that Act;
(b) information about the following matters:
(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;
(ii) whether there are any time limits for seeking that review and, if so, what those time limits are;
(iii) whether or not a fee is payable for that review and, if so, the amount of the fee and when it is payable;
(iv) whether the Administrative Review Tribunal is required to conduct the review within a particular period and, if so, what that period is;
(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.
(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.
Note: 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.
Prescribed information if Minister has issued conclusive certificate
(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:
(a) the Organisation is an exempt agency under subsection 7(1) of the Freedom of Information Act 1982; and
(b) the affected person is not able to obtain access to documents or information about the decision under that Act; and
(c) the decision is an externally reviewable decision under section 83 of the Act; and
(d) the Minister has issued a conclusive certificate in relation to the decision under subsection 83E(1) of the Act; and
(e) the effect of the conclusive certificate is that the Administrative Review Tribunal must not review, or continue to review, the decision.
12 Prescribed information—independently reviewable decisions under Part IVA of the Act
(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:
(a) a statement that:
(i) the Organisation is an exempt agency under subsection 7(1) of the Freedom of Information Act 1982; and
(ii) the affected person is not able to obtain access to documents or information about the decision under that Act;
(b) information about the following matters:
(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;
(ii) whether there are any time limits for seeking that review and, if so, what those time limits are;
(iii) whether or not a fee is payable for that review and, if so, the amount of the fee and when it is payable;
(iv) whether the independent reviewer is required to conduct the review within a particular period and, if so, what that period is;
(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.
(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.
Note: 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.
Schedule 1—Repeals
Australian Security Intelligence Organisation Regulation 2016