Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A staff member or agent of an agency is not subject to any civil or criminal liability for any act done outside Australia if the act is done in the proper performance of a function of the agency.
(2) A person is not subject to any civil or criminal liability for any act (whether done inside or outside Australia) if:
(a) the act is preparatory to, in support of, or otherwise directly connected with, overseas activities of the agency concerned; and
(b) the act:
(i) taken together with an act, event, circumstance or result that took place, or was intended to take place, outside Australia, could amount to an offence; but
(ii) in the absence of that other act, event, circumstance or result, would not amount to an offence; and
(c) the act is done in the proper performance of a function of the agency.
(2A) Subsection (2) is not intended to permit any act in relation to premises, persons, computers, things, or telecommunications services in Australia, being:
(a) an act that ASIO could not do without a Minister authorising it by warrant issued under Division 2 of Part III of the Australian Security Intelligence Organisation Act 1979 or under Part 2 - 2 of the Telecommunications (Interception and Access) Act 1979 ; or
(b) an act to obtain information that ASIO could not obtain other than in accordance with Division 3 of Part 4 - 1 of the Telecommunications (Interception and Access) Act 1979 .
(2AA) Subsections (1) and (2) have effect despite anything in a law of the Commonwealth or of a State or Territory, whether passed or made before or after the commencement of this subsection, unless the law expressly provides otherwise.
(2AB) Subsection (2AA) does not affect the operation of subsection (2A).
(2B) The Inspector - General of Intelligence and Security may give a certificate in writing certifying any fact relevant to the question of whether an act was done in the proper performance of a function of an agency.
(2C) In any proceedings, a certificate given under subsection (2B) is prima facie evidence of the facts certified.
(3) In this section:
"act" includes omission.
"staff member" includes the Director - General of ASIS, the Director of AGO and the Director - General of ASD.