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INTELLIGENCE SERVICES ACT 2001 - SCHEDULE 2

Activities excepted under subsection 6(5) of the Act

Note:       See section 6.

   

   

1   Provision of weapons, training etc.

             (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 cooperating with ASIS in accordance with section 13; or

                          (iiia)  to protect another person, or class of persons, specified in the Minister's approval under subclause (3); or

                            (iv)  to provide training to staff members or agents of ASIS; and

                     (c)  in accordance with a Ministerial approval given under subclause (3).

          (1A)  The provision to a person of a weapon, or training in the use of a weapon or in self-defence techniques, is not prevented by subsection 6(4) if:

                     (a)  the person:

                              (i)  is an officer of an authority with which ASIS is cooperating in accordance with paragraph 13(1)(c); or

                             (ii)  is an officer (however described) of a Commonwealth authority, or a State authority, and is authorised in that capacity to carry and use weapons; and

                     (b)  it is provided in accordance with a Ministerial approval under subclause (3A) in relation to the person; and

                     (c)  it is provided 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 cooperating with ASIS in accordance with section 13; or

                            (iv)  to protect another person, or class of persons, specified in the Minister's approval under subclause (3A).

             (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) or (1A); and

                     (b)  in a case covered by any of subparagraphs (1)(b)(i) to (iiia)--the weapon or techniques are used outside Australia; and

                     (c)  guidelines have been issued by the Director-General of ASIS under subclause (6); and

                     (d)  the weapon or techniques are used in compliance with those guidelines.

          (2A)  The use of a weapon or self-defence techniques is not prevented by subsection 6(4) if:

                     (a)  the weapon or techniques are used in the proper performance of a function of ASIS; and

                     (b)  the weapon or techniques are used in a controlled environment; and

                     (c)  guidelines have been issued by the Director-General of ASIS under subclause (6); and

                     (d)  the weapon or techniques are used in compliance with those guidelines.

Example:    The following may constitute the use of a weapon or technique in a controlled environment:

(a)    the use of a firearm at a rifle range;

(b)    the use of a martial art at a martial arts club.

             (3)  The Minister may, by written notice given to the Director-General of ASIS, 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.

          (3A)  The Minister may, by written notice given to the Director-General of ASIS, approve the provision of a weapon, or training in the use of a weapon or in self-defence techniques, to a specified person for the purposes of paragraph (1A)(b).

             (4)  An approval under subclause (3) or (3A) 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.

          (4A)  An approval under subclause (3) for the provision of a weapon or training may specify a person, or class of persons, that may be protected under subparagraph (1)(b)(iiia).

          (4B)  An approval under subclause (3A) for the provision of a weapon or training may specify a person, or class of persons, that may be protected under subparagraph (1A)(c)(iv).

             (5)  As soon as practicable after giving the Director-General of ASIS an approval under subclause (3) or (3A), the Minister must give the Inspector-General of Intelligence and Security a copy of the approval.

             (6)  The Director-General of ASIS 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 or changing the guidelines, the Director-General of ASIS must give the Inspector-General of Intelligence and Security a copy of the guidelines.

          (7A)  The Inspector-General of Intelligence and Security must brief the Committee on the content and effect of the guidelines if:

                     (a)  the Committee requests the Inspector-General of Intelligence and Security to do so; or

                     (b)  the guidelines change.

             (8)  Guidelines issued under subclause (6) are not legislative instruments.

2   Application of certain State and Territory laws

                   A person 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.

3   Reports to Inspector-General of Intelligence and Security

             (1)  The Director-General of ASIS must give a report to the Inspector-General of Intelligence and Security if a weapon or self-defence technique is used by a staff member or agent of ASIS against a person for a purpose mentioned in any of subparagraphs 1(1)(b)(i) to (iiia).

             (2)  The report must:

                     (a)  be given in writing as soon as practicable after the weapon or self-defence technique is used; and

                     (b)  explain the circumstances in which the use of the weapon or self-defence technique occurred.




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