Commonwealth Consolidated Acts

INTELLIGENCE SERVICES ACT 2001 - SECT 41AC

  (1)   If a person does something that, apart from this section, would be an offence against a law of the Commonwealth, a State or a Territory, the person is not criminally responsible for the offence if:

  (a)   the person is a staff member of any Commonwealth authority (see subsection   (3)); and

  (b)   the thing is done in the course of the person exercising or performing the person's powers, functions or duties as such a staff member; and

  (c)   the thing is done to facilitate a staff member of ASIS or ASD, or a former staff member of ASIS or ASD, (the ASIS or ASD person ) to identify a Commonwealth authority as the ASIS or ASD person's employer or place of work in relation to a period for the purposes of subsection   41AA(1), in accordance with a determination under subsection   41AB(1); and

  (d)   doing the thing would not be an offence if the Commonwealth authority referred to in paragraph   (c) were the ASIS or ASD person's employer or place of work for the period mentioned in that paragraph.

  (2)   If a person does something that, apart from this section, would be an offence against a law of the Commonwealth, a State or a Territory, the person is not criminally responsible for the offence if:

  (a)   the thing is done in the performance of the functions attaching to the person's professional capacity; and

  (b)   the thing is done to facilitate a staff member of ASIS or ASD, or a former staff member of ASIS or ASD, (the ASIS or ASD person ) to identify a Commonwealth authority as the ASIS or ASD person's employer or place of work in relation to a period for the purposes of subsection   41AA(1), in accordance with a determination under subsection   41AB(1); and

  (c)   doing the thing would not be an offence if the Commonwealth authority referred to in paragraph   (b) were the ASIS or ASD person's employer or place of work for the period mentioned in that paragraph.

  (3)   For the purposes of paragraphs   (1)(a) and (b), a staff member of a Commonwealth authority means:

  (a)   the head (however described) of the Commonwealth authority, or another person who holds an office or appointment in relation to the Commonwealth authority; and

  (b)   a person who is otherwise a member of the staff of the Commonwealth authority, whether:

  (i)   an employee of the Commonwealth authority; or

  (ii)   a consultant or contractor to the Commonwealth authority; or

  (iii)   a person who is made available, to perform services for the Commonwealth authority, by another Commonwealth authority, a State authority or other person.

Note:   If a person referred to in paragraphs   (1)(a) and (b) is a staff member of ASIO or an agency (within the meaning of subsection   3(1)), the definition of staff member in subsection   (3) of this section applies for the purposes of those paragraphs rather than the definition of staff member in subsection   3(1).