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INTELLIGENCE SERVICES ACT 2001 - SECT 8

Ministerial directions

             (1)  The responsible Minister in relation to ASIS, the responsible Minister in relation to AGO and the responsible Minister in relation to ASD, must issue a written direction under this subsection to the relevant agency head. The direction must:

                     (a)  require the agency to obtain an authorisation under section 9, 9A or 9B (as the case requires) before:

                              (i)  undertaking an activity, or a series of activities, for the specific purpose, or for purposes which include the specific purpose, of producing intelligence on an Australian person; or

                            (ia)  undertaking, in the course of providing assistance to the Defence Force in support of military operations under paragraph 6(1)(ba), an activity, or a series of activities, for the specific purpose, or for purposes which include the specific purpose, of producing intelligence on one or more members of a class of Australian persons; or

                            (ib)  undertaking, in the course of providing assistance to the Defence Force in support of military operations under paragraph 6(1)(ba), an activity, or a series of activities, that will, or is likely to, have a direct effect on one or more members of a class of Australian persons; or

                             (ii)  undertaking, in accordance with a direction under paragraph 6(1)(e), an activity, or a series of activities, that will, or is likely to, have a direct effect on an Australian person; or

                            (iii)  undertaking, in accordance with paragraph 7(1)(c), an activity, or a series of activities, for the specific purpose, or for purposes which include the specific purpose, of preventing or disrupting cybercrime undertaken by, or enabled by, an Australian person; and

                     (b)  specify the circumstances in which the agency must, before undertaking other activities or classes of activities, obtain an authorisation under section 9, 9A or 9B (as the case requires).

             (2)  The responsible Minister may give written directions to be observed:

                     (a)  in the performance by the relevant agency of its functions; or

                     (b)  in the case of ASIS--in the exercise of the powers of the Director-General of ASIS under section 33 or 34.

             (3)  Each agency head must ensure that the agency complies with any direction given by the responsible Minister under this section.

             (4)  Directions under paragraph (2)(b) must not relate to a specific staff member.

             (5)  A direction given under this section is not a legislative instrument.

Note:          The Inspector-General of Intelligence and Security has oversight powers in relation to Ministerial directions and authorisations given under this Act. See in particular section 32B of the Inspector-General of Intelligence and Security Act 1986 (which requires the Minister to give a copy of a direction under this section to the Inspector-General of Intelligence and Security as soon as practicable after the direction is given).



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