Commonwealth Consolidated Acts Commonwealth Consolidated ActsNote: 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.