Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
2002-2003-2004
The Parliament
of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
As read a third
time
Intelligence
Services Amendment Bill 2004
No. ,
2004
A Bill for an Act to
amend the Intelligence Services Act 2001, and for related
purposes
Contents
Intelligence Services Act
2001 3
THIS Bill originated in the House of Representatives; and,
having this day passed, is now ready for presentation to the Senate for its
concurrence.
I.C. HARRIS
Clerk
of the House of Representatives
House of Representatives
30 March
2004
A Bill for an Act to amend the Intelligence Services
Act 2001, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Intelligence Services Amendment Act
2004.
This Act commences on the day on which it receives the Royal
Assent.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
Intelligence Services Act
2001
1 At the end of subsection 6(3)
Add:
Note: If the Minister gives a direction under
paragraph (1)(e), 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).
2 Subsection 6(4)
Repeal the subsection (including the notes), substitute:
(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.
Note 1: This subsection does not prevent ASIS from being
involved with the planning or undertaking of activities covered by
paragraphs (a) to (c) by other organisations provided that staff members or
agents of ASIS do not undertake those activities.
Note 2: For other limits on the agency’s functions and
activities see sections 11 and 12.
Note 3: For paramilitary activities see
section 3.
(5) Subsection (4) does not prevent:
(a) the provision of weapons, or training in the use of weapons or in
self-defence techniques, in accordance with Schedule 2; or
(b) the use of weapons or self-defence techniques in accordance with
Schedule 2.
(6) ASIS must not provide weapons, or training in the use of weapons or in
self-defence techniques, other than in accordance with
Schedule 2.
2A After subsection 13(1)
Insert:
(1A) However, an approval under paragraph (1)(c) does not enable ASIS
to cooperate with an authority of another country in planning or undertaking
activities covered by paragraphs 6(4)(a) to (c) unless, before giving the
approval, the Minister consults with the Prime Minister and the
Attorney-General.
2B At the end of
section 42
Add:
(2) The report must include information about any cooperation by ASIS with
an authority of another country in planning or undertaking activities covered by
paragraphs 6(4)(a) to (c). The report must set out the number of occasions on
which such cooperation occurred and the broad nature of each
cooperation.
3 At the end of the Act
Add:
(1) The provision of a weapon, or training in the use of a weapon or in
self-defence techniques, is not prevented by subsection 6(4) if it is
provided:
(a) to a person who is a staff member or agent of ASIS; and
(b) for the purpose of enabling the person:
(i) to protect himself or herself; or
(ii) to protect a staff member or agent of ASIS; or
(iii) to protect a person who is co-operating with ASIS in accordance with
section 13; or
(iv) to provide training to staff members or agents of ASIS; and
(c) in accordance with a Ministerial approval given under
subclause (3).
(2) The use of a weapon or self-defence techniques is not prevented by
subsection 6(4) if:
(a) the weapon or techniques are used:
(i) for a purpose covered by paragraph (1)(b); or
(ii) in training in accordance with subclause (1); and
(b) in a case covered by any of subparagraphs (1)(b)(i) to
(iii)—the weapon or techniques are used outside Australia; and
(c) guidelines have been issued by the Director-General under
subclause (6); and
(d) the weapon or techniques are used in compliance with those
guidelines.
(3) The Minister may, by written notice given to the Director-General,
approve the provision of a weapon, or training in the use of a weapon or in
self-defence techniques, to:
(a) a specified staff member or agent of ASIS; or
(b) the holder of a specified position in ASIS.
(4) An approval for the provision of a weapon or training must
specify:
(a) the purpose for which the weapon or training is provided;
and
(b) any conditions that must be complied with in relation to the provision
of the weapon or training; and
(c) if the approval is for the provision of a weapon or training in the
use of a weapon—the kind or class of weapon involved.
(5) As soon as practicable after giving the Director-General an approval,
the Minister must give the Inspector-General of Intelligence and Security a copy
of the approval.
(6) The Director-General must issue guidelines for the purposes of this
Schedule on matters related to the use of weapons and self-defence
techniques.
(7) As soon as practicable after making the guidelines, the
Director-General must give the Inspector-General of Intelligence and Security a
copy of the guidelines.
A staff member or agent of ASIS is not required under, or by reason of, a
law of a State or Territory:
(a) to obtain or have a licence or permission for doing any act or thing
in accordance with clause 1; or
(b) to register any weapon provided in accordance with
clause 1.
If:
(a) a staff member or agent of ASIS uses a weapon for a purpose mentioned
in any of subparagraphs 1(1)(b)(i) to (iii); and
(b) during that use the weapon is discharged;
the Director-General must, as soon as practicable, give to the
Inspector-General of Intelligence and Security a written report of the discharge
which explains the circumstances in which the discharge
occurred.
(164/03)