6Functions of ASIS

6 Functions of ASIS

(1) The functions of ASIS are: (a) to obtain, in accordance with the Government’s requirements, intelligence about the capabilities, intentions or activities of people or organisations outside Australia; and (b) to communicate, in accordance with the Government’s requirements, such intelligence; and (ba) to provide assistance to the Defence Force in support of military operations and to cooperate with the Defence Force on intelligence matters; and (c) to conduct counter‑intelligence activities; and (d) to liaise with intelligence or security services, or other authorities, of other countries; and (da) to cooperate with and assist bodies referred to in section 13A in accordance with that section; and (db) to undertake activities in accordance with section 13B; and (e) to undertake the following other activities relating to the capabilities, intentions or activities of people or organisations outside Australia: (i) such activities of a general or specific nature as the responsible Minister directs; (ii) activities included in such a class or classes of activity or activities as the responsible Minister directs. (1A) Without limiting subparagraph (1)(e)(i), a direction given under that subparagraph may specify the purpose or purposes for which an activity or activities are to be undertaken. (1B) Without limiting subparagraph (1)(e)(ii), a direction given under that subparagraph may specify the purpose or purposes for which a class or classes of activity or activities are to be undertaken. (2) The responsible Minister may give a direction under subparagraph (1)(e)(i) or (ii) only if the Minister: (a) has consulted other Ministers who have related responsibilities; and (b) is satisfied that there are satisfactory arrangements in place to ensure that, in carrying out the direction, nothing will be done beyond what is necessary having regard to the purposes for which the direction is given; and (c) is satisfied that there are satisfactory arrangements in place to ensure that the nature and consequences of acts done in carrying out the direction will be reasonable having regard to the purposes for which the direction is given. (3) A direction under subparagraph (1)(e)(i) or (ii) must be in writing.

Note: If the Minister gives a direction under subparagraph (1)(e)(i) or (ii), the Minister must give a copy of the direction to the Inspector‑General of Intelligence and Security as soon as practicable after the direction is given to the head of ASIS (see section 32B of the Inspector‑General of Intelligence and Security Act 1986).

(3A) A direction under subparagraph (1)(e)(i) or (ii) is not a legislative instrument. (4) In performing its functions, ASIS must not plan for, or undertake, activities that involve: (a) paramilitary activities; or (b) violence against the person; or (c) the use of weapons; by staff members or agents of ASIS.