equivalent to or higher than a position occupied by an SES employee; or

known as Coordinator.

the management of ASIO employees or ASIO affiliates; or

the financial management of the Organisation.

the person makes a communication of any information or matter; and

the information or matter has come to the knowledge or into the possession of the person by reason of:

his or her being, or having been, an ASIO employee; or

his or her being, or having been, an ASIO affiliate; or

his or her having entered into a contract, agreement or arrangement with ASIO (otherwise than as an ASIO affiliate); and

the information or matter:

was acquired or prepared by or on behalf of the Organisation in connection with its functions; or

relates to the performance by the Organisation of its functions; and

the communication was not made to the Director-General, an ASIO employee or an ASIO affiliate:

by an ASIO employee, in the course of the ASIO employee’s duties; or

by an ASIO affiliate, in accordance with the contract, agreement or other arrangement under which the ASIO affiliate is performing functions or services for the Organisation; or

by a person who has entered into a contract, agreement or arrangement with ASIO (otherwise than as an ASIO affiliate), in accordance with the contract, agreement or arrangement; and

the communication was not made by a person acting within the limits of authority conferred on the person by the Director-General; and

the communication was not made with the approval of the Director-General or of a person having the authority of the Director-General to give such an approval.

an ASIO employee or an ASIO affiliate;

an ASIO employee or an ASIO affiliate;

on behalf of the Commonwealth; and

by written agreement.

employment as an APS employee; and

at a corresponding classification, as agreed between the Director-General and the Australian Public Service Commissioner.

an ASIO employee or ASIO affiliate, or is in any way connected with an ASIO employee or ASIO affiliate; or

subject to subsection (1B), is a former ASIO employee or former ASIO affiliate or is in any way connected with a former ASIO employee or former ASIO affiliate.

an ASIO employee or ASIO affiliate, or is in any way connected with an ASIO employee or ASIO affiliate; or

subject to subsection (1B), is a former ASIO employee or former ASIO affiliate, or is in any way connected with a former ASIO employee or former ASIO affiliate.

an ASIO employee or ASIO affiliate; or

an officer or employee of the Commonwealth agency to which the assessment was given;

the person is an ASIO employee (within the meaning of the ASIO Act) or an ASIO affiliate (within the meaning of that Act) and the information or document is or may be relevant to security (within the meaning of that Act); or

the contract, agreement or other arrangement under which the ASIO affiliate is performing functions or services for ASIO; or

the performance of functions or services by the ASIO affiliate under the contract, agreement or other arrangement.

the procedures of ASIO relating to redress of grievances of ASIO affiliates are adequate and effective; or

the complainant has not pursued those procedures as far as practicable; or

the matters to which the complaint relates are not of sufficient seriousness or sensitivity to justify an inquiry into those matters.

information:

(i) that identifies a person as an ASIO employee (within the meaning of the Australian Security Intelligence Organisation Act 1979), an ASIO affiliate (within the meaning of that Act), a former ASIO employee, or a former ASIO affiliate, other than a person referred to in subsection (4); or

from which the identity of such a person could reasonably be inferred; or

that could reasonably lead to the identity of such a person being established;

the interception of a communication where the interception results from, or is incidental to, action taken by an ASIO affiliate, in accordance with the contract, agreement or other arrangement under which the ASIO affiliate is performing functions or services for the Organisation, for the purpose of:

discovering whether a listening device is being used at, or in relation to, a particular place; or

determining the location of a listening device; or

in connection with the execution of a warrant issued under this Part; or

in connection with:

the communication by a person to another person of; or

the making use of; or

the making of a record of; or

the custody of a record of; or

the giving in evidence of;

ASIO employees (or classes of ASIO employees);

accessing a stored communication if the access results from, or is incidental to, action taken by an ASIO affiliate, in accordance with the contract, agreement or other arrangement under which the ASIO affiliate is performing functions or services for the Organisation, for the purpose of:

discovering whether a listening device is being used at, or in relation to, a particular place; or

determining the location of a listening device; or

under subsection 84(1) of that Act as in force immediately after that commencement; and

on the terms and conditions that were applicable to the person immediately before that commencement.

in relation to a warrant—a copy of the warrant that has been certified in writing by the Director-General or a Deputy Director-General to be a true copy of the warrant; or

in relation to an authorisation under section 27G—a copy of the authorisation that has been certified in writing by the Director-General or a Deputy Director-General to be a true copy of the authorisation; or

in relation to an instrument varying or revoking a warrant or an authorisation under section 27G—a copy of the instrument that has been certified in writing by the Director-General or a Deputy Director-General to be a true copy of the instrument.

one or more computers; or

one or more computer systems; or

one or more computer networks; or

any combination of the above.

a vehicle, aircraft, vessel or other means of transportation; or

clothing or any other thing worn; or

any other thing.

a listening device, an optical surveillance device or a tracking device; or

a device that is a combination of any 2 or more of the devices referred to in paragraph (a) or (c); or

a device of a kind prescribed by regulation for the purposes of this paragraph.

to listen to, record, observe or monitor the words, sounds or signals communicated to or by a person, or the activities of a person; or

to track an object or person.

the Director-General; or

a person approved under subsection (2); or

a person included in a class of persons approved under subsection (2).

entering any premises for the purposes of gaining entry to or exiting the subject premises;

materially interfere with, interrupt or obstruct the lawful use by other persons of a computer or other electronic equipment, or a data storage device, found on the subject premises unless the addition, deletion or alteration, or the doing of the thing, is necessary to do one or more of the things specified under subsection (5); or

cause any other material loss or damage to other persons lawfully using the computer, equipment or device.

a particular computer;

a computer on particular premises;

a computer associated with, used by or likely to be used by, a person (whose identity may or may not be known).

be signed by the Minister; and

authorise the Organisation to do specified things, subject to any restrictions or conditions specified in the warrant, in relation to the target computer; and

if the target computer is or includes a particular computer—specify the computer; and

if the target computer is or includes a computer on particular premises—specify the premises; and

if the target computer is or includes a computer associated with, used by or likely to be used by, a person—specify the person (whether by name or otherwise).

entering any premises for the purposes of gaining entry to or exiting the specified premises;

if, having regard to other methods (if any) of obtaining access to the relevant data which are likely to be as effective, it is reasonable in all the circumstances to do so—using any other computer or a communication in transit to access the relevant data and, if necessary to achieve that purpose, adding, copying, deleting or altering other data in the computer or the communication in transit;

materially interfere with, interrupt or obstruct a communication in transit or the lawful use by other persons of a computer unless the addition, deletion or alteration, or the doing of the thing, is necessary to do one or more of the things specified in the warrant; or

cause any other material loss or damage to other persons lawfully using a computer.

in relation to one or more of the following:

a particular person;

particular premises;

an object or class of object; and

in respect of more than one kind of surveillance device; and

in respect of more than one surveillance device of any particular kind.

if the warrant is requested in relation to a particular person:

the person is engaged in or is reasonably suspected by the Director-General of being engaged in, or of being likely to engage in, activities prejudicial to security; and

the use by the Organisation of a surveillance device in relation to that person will, or is likely to, assist the Organisation in carrying out its function of obtaining intelligence relevant to security; and

if the warrant is requested in relation to particular premises:

those premises are used, likely to be used or frequented by a person engaged in or reasonably suspected by the Director-General of being engaged in, or of being likely to engage in, activities prejudicial to security; and

the use on behalf of the Organisation of a surveillance device in or on those premises will, or is likely to, assist the Organisation in carrying out its function of obtaining intelligence relevant to security; and

if the warrant is requested in relation to an object or class of object:

that object, or an object of that class, is used or worn, or likely to be used or worn by a person engaged in or reasonably suspected by the Director-General of being engaged in, or of being likely to engage in, activities prejudicial to security; and

the use by the Organisation of a surveillance device in or on that object, or an object of that class, will, or is likely to, assist the Organisation in carrying out its function of obtaining intelligence relevant to security.

be signed by the Minister; and

specify:

the kind of surveillance device, or kinds of surveillance devices, authorised to be used; and

the date the warrant is issued; and

if the warrant is issued in relation to a particular person—the name of the person (if known) or the fact that the person’s identity is unknown; and

if the warrant is issued in relation to particular premises—the premises; and

if the warrant is issued in relation to an object or class of object—the object or class of object; and

authorise the use of any force against persons and things that is necessary and reasonable to do the things authorised by the warrant; and

state whether entry is authorised to be made at any time of the day or night or during stated hours of the day or night.

the installation, use and maintenance of a surveillance device of the kind specified in the warrant to:

listen to, record, observe or monitor the words, sounds or signals communicated to or by the person, or the activities of the person; or

track the person;

the installation, use and maintenance of a surveillance device of the kind specified in the warrant:

in or on premises where the person is reasonably believed to be or likely to be; or

in or on any other premises specified in the warrant from which the activities of that person, or the words, sounds or signals communicated by or to that person, can be listened to, recorded, observed or monitored;

entering the premises referred to in paragraph (b) for any of the purposes referred to in paragraph (a) or (b) or in subsection (4) or (5);

the installation, use and maintenance of a surveillance device of the kind specified in the warrant in or on any object used or worn, or likely to be used or worn, by the person;

the entry into or onto, or the alteration of, the object referred to in paragraph (d);

entering any premises in which the object referred to in paragraph (d) is or is likely to be found, for any of the purposes referred to in that paragraph or in subsection (4) or (5);

entering any other premises, for the purposes of gaining entry to or exiting premises referred in to paragraph (b) or (f);

any other thing reasonably incidental to any of the above.

the installation, use and maintenance of a surveillance device of the kind specified in the warrant:

in or on the subject premises; or

in or on any other premises specified in the warrant from which the activities of a person, or the words, sounds or signals communicated by or to a person, can be listened to, recorded, observed or monitored while the person is in or on the subject premises;

entering the subject premises, or any other premises specified in the warrant, for any of the purposes referred to in paragraph (a) or subsection (4) or (5);

entering any other premises, for the purposes of gaining entry to or exiting the subject premises or any other premises specified in the warrant;

any other thing reasonably incidental to any of the above.

the installation, use and maintenance of a surveillance device of the kind specified in the warrant in or on the specified object, or an object of the specified class;

the entry into or onto, or alteration of, the specified object, or an object of the specified class;

entering any premises where the object, or an object of the class, is reasonably believed to be or is likely to be for any of the purposes referred to in paragraph (a) or (b) or subsection (4) or (5);

entering any other premises, for the purposes of gaining entry to or exiting premises referred to in paragraph (c);

any other thing reasonably incidental to any of the above.

the installation, use and maintenance of enhancement equipment in relation to the surveillance device;

the temporary removal of an object from premises for the installation or maintenance of the surveillance device or enhancement equipment and the return of the object to the premises;

the replacement of an object with an equivalent object for the purposes of the installation or maintenance of the surveillance device or enhancement equipment;

the breaking open of any thing for the installation or maintenance of the surveillance device or enhancement equipment;

the connection of the surveillance device or enhancement equipment to any source of electricity and the use of electricity from that source to operate the device or equipment;

the connection of the surveillance device or enhancement equipment to any object or system that may be used to transmit information in any form and the use of that object or system in connection with the operation of the device or equipment;

the doing of any thing reasonably necessary to conceal the fact that any thing has been done under the warrant;

any other thing reasonably incidental to any of the above.

recover the surveillance device or any enhancement equipment in relation to the device;

enter any premises where the surveillance device is reasonably believed to be, for the purpose of recovering the device or the equipment;

enter any other premises for the purposes of gaining entry to or exiting the premises referred to in paragraph (b);

enter into or onto, or alter, an object for the purpose of recovering the device or the equipment;

replace an object with an equivalent object for the purposes of recovering the device or the equipment;

break open any thing for the purpose of recovering the device or the equipment;

if the device or equipment is installed in or on an object—temporarily remove the object from any place where it is situated for the purpose of recovering the device or the equipment and returning the object to that place;

use a nominal amount of electricity from any source to power the device or equipment;

any thing reasonably necessary to conceal the fact that any thing has been done under this subsection;

use any force against persons and things that is necessary and reasonable to do any of the above;

any other thing reasonably incidental to any of the above;

at any time while the warrant is in force or within 28 days after it ceases to be in force;

if the surveillance device is not recovered at a time mentioned in paragraph (l)—at the earliest time, after the 28 days mentioned in that paragraph, at which it is reasonably practicable to do the things concerned.

the surveillance device is not recovered while the warrant is in force; and

the surveillance device is a tracking device;

an ASIO employee acting in the course of the ASIO employee’s duties;

an ASIO affiliate acting in accordance with the contract, agreement or other arrangement under which the ASIO affiliate is performing functions or services for the Organisation;

the first person is the communicator of the words, sounds or signals; or

the second person intends, or should reasonably expect, those words, sounds or signals to be communicated to the first person, or to a class or group of persons in which the first person is included; or

the first person does so with the implied or express consent of a person who is permitted under paragraph (c) or (d) to listen to or record the words, sounds or signals.

an ASIO employee acting in the course of the ASIO employee’s duties;

an ASIO affiliate acting in accordance with the contract, agreement or other arrangement under which the ASIO affiliate is performing functions or services for the Organisation;

entering premises without permission from the owner or occupier of the premises; or

interference with any vehicle or thing without permission of the person having lawful possession or control of the vehicle or thing.

an ASIO employee acting in the course of the ASIO employee’s duties;

an ASIO affiliate acting in accordance with the contract, agreement or other arrangement under which the ASIO affiliate is performing functions or services for the Organisation;

an ASIO employee acting in the course of the ASIO employee’s duties;

an ASIO affiliate, acting in accordance with the contract, agreement or other arrangement under which the ASIO affiliate is performing functions or services for the Organisation;

a specified ASIO affiliate; or

a specified class of ASIO affiliates.

a Deputy Director-General; or

any other ASIO employee or ASIO affiliate who holds, or is acting in, a position in the Organisation that is equivalent to or higher than a position occupied by an SES employee with a classification of SES Band 2.

recover the surveillance device or any enhancement equipment in relation to the device;

enter any premises where the surveillance device is reasonably believed to be, for the purpose of recovering the device or the equipment;

enter any other premises for the purposes of gaining entry to or exiting the premises referred to in paragraph (b);

enter into or onto, or alter, an object for the purpose of recovering the device or the equipment;

replace an object with an equivalent object for the purposes of recovering the device or the equipment;

break open any thing for the purpose of recovering the device or the equipment;

if the device or equipment is installed in or on an object—temporarily remove the object from any place where it is situated for the purpose of recovering the device or the equipment and returning the object to that place;

use a nominal amount of electricity from any source to power the device or equipment;

any thing reasonably necessary to conceal the fact that any thing has been done under this subsection;

use any force against persons and things that is necessary and reasonable to do any of the above;

any other thing reasonably incidental to any of the above;

at any time while the warrant is in force or within 28 days after it ceases to be in force;

if the surveillance device is not recovered at a time mentioned in paragraph (l)—at the earliest time, after the 28 days mentioned in that paragraph, at which it is reasonably practicable to do the things concerned.

the surveillance device is not recovered while the warrant is in force; and

the surveillance device is a tracking device;

the person is engaged in or is reasonably suspected by the Director-General of being engaged in, or of being likely to engage in, activities prejudicial to security; and

the issuing of the warrant in relation to the person will, or is likely to, substantially assist the collection of intelligence relevant to security.

be signed by the Minister; and

identify the person:

if the name of the person is known—by specifying the person’s name; or

otherwise—by including other details sufficient to identify the person; and

give conditional approval for the Organisation to do one or more of the following:

access records or other things in or on premises;

access data held in computers;

use one or more kinds of surveillance devices;

access postal articles that are in the course of the post;

access articles that are being delivered by a delivery service provider.

enter the subject premises;

enter any premises for the purposes of gaining entry to or exiting the subject premises;

search the subject premises for the purpose of finding records or other things relevant to the prejudicial activities of the identified person;

open any safe, box, drawer, parcel, envelope or other container in or on the premises in which there is reasonable cause to believe that records or other things relevant to the prejudicial activities of the identified person may be found;

conduct an ordinary search or a frisk search of the identified person or any other person if:

the person is at or near the subject premises when the authority given by this subsection is exercised; and

there is reasonable cause to believe that the person has, on his or her person, records or other things that are relevant to the prejudicial activities of the identified person;

inspect or otherwise examine any records or other things so found, and make copies or transcripts of any such record or other thing that appears to be relevant to the collection of intelligence by the Organisation in accordance with this Act;

remove and retain any record or other thing so found, for the purposes of:

inspecting or examining it; and

making copies or transcripts of it;

if there is reasonable cause to believe that data relevant to the prejudicial activities of the identified person may be accessible by using a computer or other electronic equipment, or a data storage device, brought to or found on the subject premises—use the computer, equipment or device for the purpose of obtaining access to any such data and, if necessary to achieve that purpose, add, copy, delete or alter other data in the computer, equipment or device;

if paragraph (h) applies—use the computer, equipment or device to do any of the following:

inspect and examine any data to which access has been obtained;

convert any data to which access has been obtained, that appears to be relevant to the collection of intelligence by the Organisation in accordance with this Act, into documentary form and removing any such document;

copy any data to which access has been obtained, that appears to be relevant to the collection of intelligence by the Organisation in accordance with this Act, to any data storage device and remove the device;

any thing reasonably necessary to conceal the fact that any thing has been done under the warrant;

any other thing reasonably incidental to any of the above.

if returning the record or thing would be prejudicial to security—only until returning the record or thing would no longer be prejudicial to security; and

otherwise—for only such time as is reasonable.

materially interfere with, interrupt or obstruct the lawful use by other persons of a computer or other electronic equipment, or a data storage device, found on the subject premises unless the addition, deletion or alteration, or the doing of the thing, is necessary to do the things authorised under one or more of those paragraphs; or

cause any other material loss or damage to other persons lawfully using the computer, equipment or device.

enter specified premises for the purposes of doing the things authorised under this subsection;

enter any premises for the purposes of gaining entry to or exiting the specified premises;

use:

the target computer; or

a telecommunications facility operated or provided by the Commonwealth or a carrier; or

any other electronic equipment; or

a data storage device;

if, having regard to other methods (if any) of obtaining access to the relevant data which are likely to be as effective, it is reasonable in all the circumstances to do so—use any other computer or a communication in transit for the purpose referred to in paragraph (c) and, if necessary to achieve that purpose, add, copy, delete or alter other data in the computer or the communication in transit;

copy any data to which access has been obtained, that appears to be relevant to the collection of intelligence by the Organisation in accordance with this Act;

any thing reasonably necessary to conceal the fact that any thing has been done under the warrant;

any other thing reasonably incidental to any of the above.

a particular computer;

a computer on particular premises;

a computer associated with, used by or likely to be used by a person (whose identity may or may not be known).

materially interfere with, interrupt or obstruct a communication in transit or the lawful use by other persons of a computer unless the addition, deletion or alteration, or the doing of the thing, is necessary to do one or more of the things authorised under subsection (2); or

cause any other material loss or damage to other persons lawfully using a computer.

install, use and maintain surveillance devices of the kind specified in the conditional approval to:

listen to, record, observe or monitor the words, sounds or signals communicated to or by the identified person, or the activities of the identified person; or

track the identified person;

install, use and maintain surveillance devices of the kind specified in the conditional approval:

in or on premises where the identified person is reasonably believed to be or likely to be; or

in or on any other specified premises from which the activities of the identified person, or the words, sounds or signals communicated by or to the identified person, can be listened to, recorded, observed or monitored;

enter the premises referred to in paragraph (b) for any of the purposes referred to in paragraph (a) or (b) or in subsection 26B(4), (5) or (6) (as those subsections apply because of this section);

(d) install, use and maintain surveillance devices of the kind specified in the conditional approval in or on any object used or worn, or likely to be used or worn, by the identified person;

enter into or onto, or alter, an object referred to in paragraph (d);

enter any premises in which an object referred to in paragraph (d) is or is likely to be found, for any of the purposes referred to in that paragraph or in subsection 26B(4), (5) or (6) (as those subsections apply because of this section);

enter any other premises, for the purposes of gaining entry to or exiting premises referred to in paragraph (b) or (f);

any other thing reasonably incidental to any of the above.

articles posted by or on behalf of the identified person;

articles addressed to the identified person;

articles reasonably suspected by a person authorised to exercise the authority of the Organisation under the warrant to be intended to be received by the identified person.

inspect and make copies of the articles, or the covers of the articles;

open the articles;

inspect and make copies of the contents of the articles;

any other thing reasonably incidental to any of the above.

inform the Australian Postal Corporation of that fact; and

give a certified copy of the authorisation to the Australian Postal Corporation.

an authorisation under this section;

the identified person warrant under which the authorisation is given;

inform the Australian Postal Corporation of that fact; and

give a certified copy of the instrument of revocation to the Australian Postal Corporation.

articles posted by or on behalf of the identified person;

articles addressed to the identified person;

articles reasonably suspected by a person authorised to exercise the authority of the Organisation under the warrant to be intended to be received by the identified person.

inspect and make copies of the articles, or the covers of the articles;

open the articles;

inspect and make copies of the contents of the articles;

any other thing reasonably incidental to any of the above.

if the request is to the Minister—by the Director-General; or

if the request is to the Director-General—by an ASIO employee or an ASIO affiliate.

must be in writing; and

must identify the identified person warrant under which the authorisation is given; and

must specify:

for an authorisation under section 27D (search of premises or persons)—the subject premises; and

for an authorisation under section 27E (computer access)—the target computer; and

the thing or things that are authorised to be done; and

the restrictions or conditions (if any) to which the authorisation is subject; and

the period during which the authorisation is in force; and

must authorise the use of any force against persons and things that is necessary and reasonable to do the things covered by the authorisation; and

if the authorisation authorises entering premises—must state whether entry is authorised to be made at any time of the day or night or during stated hours of the day or night.

in the case of an authorisation under section 27D (search of premises and persons)—must not be more than 90 days; and

in any case—must not end after the end of the period for which the identified person warrant under which the authorisation is given is in force.

the time the identified person warrant under which the authorisation is given ceases to be in force;

the time it is revoked by the Minister or the Director-General;

the time specified in the authorisation.

for a warrant issued under section 25—90 days; or

for a warrant issued under section 25A, 26, 27, 27AA or 27C—6 months.

the facts and other grounds on which the Director-General considers it necessary that the warrant should be varied; and

where appropriate—the grounds on which the Director-General suspects a person of being engaged in or reasonably suspected by the Director-General of being engaged in, or of being likely to engage in, activities prejudicial to security.

inform the Minister of that fact; and

take such steps as are necessary to ensure that action under the warrant is discontinued.

includes action under an authorisation given under an identified person warrant; but

does not include the recovery of a surveillance device or any enhancement equipment in relation to the device.

a surveillance device warrant was issued in relation to more than one of the matters mentioned in paragraph 26(2)(a); and

the grounds on which the warrant was issued continue to exist for at least one of those matters;

in writing; and

as soon as practicable after such force is used.

in accordance with a warrant issued under section 26, 27A or 27C; or

in accordance with subsection 26B(5) or (6), section 26C, 26D, or 26E, or subsection 27A(3A) or (3B) or 27F(5).

the warrant was issued under section 25, 25A, 27A, 27C or 29; and

a thing mentioned in subsection 25(5) or 25A(4), paragraph 27D(2)(h) to (k) or subsection 27E(2) was done under the warrant;

in connection with a relevant warrant; or

in accordance with a relevant authorising provision.

a warrant issued under section 25, but only if the warrant authorises the doing of acts or things referred to in paragraph 25(5)(a), (b), (c) or (d), and only with respect to those acts or things; or

a warrant issued under section 27A or 29, but only if the warrant authorises the doing of acts or things referred to in subsection 25(5) or section 25A or 26B, and only with respect to those acts or things; or

a warrant issued under section 27C, but only if acts or things are authorised under paragraphs 27D(2)(h) to (k) or section 27E or 27F under the warrant, and only with respect to those acts or things.

if premises were entered under the relevant warrant or relevant authorising provision:

details of the premises; or

the time of day or night the premises were entered;

if data was accessed under the relevant warrant or relevant authorising provision—details of the computer, telecommunications facility, electronic equipment, data storage device or communication in transit used for the purpose of obtaining such access;

if the warrant is a surveillance device warrant—the matters required to be specified under section 26A for the warrant;

if one or more surveillance devices were installed, used or maintained under the relevant warrant or relevant authorising provision:

details of the installation, use or maintenance of the surveillance device or devices; or

details of the installation, use or maintenance of any enhancement equipment in relation to the surveillance device; or

details of the processes and procedures employed to use the surveillance device or devices, or any enhancement equipment; or

details of acts or things done for the purposes of recovering the surveillance device or devices, or any enhancement equipment;

details of things done under the relevant warrant or relevant authorising provision that were reasonably necessary to conceal the fact that things were done under the relevant warrant or relevant authorising provision;

details of persons who exercised the authority given by the relevant warrant or relevant authorising provision;

details of things done under the relevant warrant or relevant authorising provision that were reasonably incidental to any of the acts or things done by, on behalf of, or in relation to, the Organisation in connection with the relevant warrant or relevant authorising provision.

a proceeding or proposed proceeding in a federal court, or in a court of a State or Territory; or

a proceeding or proposed proceeding (including a hearing or examination, or proposed hearing or examination) by or before:

a tribunal in Australia; or

any other body, authority or person in Australia having power to hear or examine evidence.

(ca) accessing a stored communication under an authorisation given under a warrant in accordance with Australian Security Intelligence Organisation Act 1979; orsection 27E of the

(iv) authorisations given under warrants in accordance with Australian Security Intelligence Organisation Act 1979; orsection 27E of the

warrants requested before the commencement of this Schedule; or

warrants issued before the commencement of this Schedule.

warrants issued, and authorisations given, after the commencement of this Schedule; and

proceedings commenced after that commencement.

the Inspector-General of Intelligence and Security; or

(b) a member of the staff referred to in subsection 32(1) of the Inspector-General of Intelligence and Security Act 1986.

in relation to which a special intelligence operation authority has been granted; and

that is carried out for a purpose relevant to the performance of one or more special intelligence functions; and

that may involve an ASIO employee or an ASIO affiliate in special intelligence conduct.

to admit or exclude evidence in any proceedings; or

to stay criminal proceedings in the interests of justice.

the person was a participant in a special intelligence operation authorised under this Division acting in the course of the special intelligence operation; and

the criminal activity was special intelligence conduct.

in writing signed by the applicant; or

if the applicant reasonably believes that the delay caused by making a written application may be prejudicial to security—orally in person, or by telephone or other means of communication.

make a written record of the application; and

give a copy of it to the Minister.

an application for an authority to conduct a special intelligence operation is made under section 35B; and

the Minister is satisfied that there are reasonable grounds on which to believe that the matters in subsection (2) exist;

the special intelligence operation will assist the Organisation in the performance of one or more special intelligence functions;

the circumstances are such as to justify the conduct of a special intelligence operation;

any unlawful conduct involved in conducting the special intelligence operation will be limited to the maximum extent consistent with conducting an effective special intelligence operation;

the special intelligence operation will not be conducted in such a way that a person is likely to be induced to commit an offence against a law of the Commonwealth, a State or a Territory that the person would not otherwise have intended to commit;

any conduct involved in the special intelligence operation will not:

cause the death of, or serious injury to, any person; or

constitute torture; or

involve the commission of a sexual offence against any person; or

result in significant loss of, or serious damage to, property.

by means of a written document signed by the Minister; or

if the Minister is satisfied there are reasonable grounds on which to believe that the delay caused by giving a written authority may be prejudicial to security—orally in person, or by telephone or other means of communication.

a document referred to in paragraph (4)(a);

a written record referred to in subsection (5).

state how the special intelligence operation will assist the Organisation in the performance of one or more special intelligence functions; and

identify the persons authorised to engage in special intelligence conduct for the purposes of the special intelligence operation; and

state a description of the nature of the special intelligence conduct that the persons referred to in paragraph (b) may engage in; and

specify the period of effect of the special intelligence operation authority, being a period not exceeding 12 months; and

specify any conditions to which the conduct of the special intelligence operation is subject; and

state the date and time when the special intelligence operation authority is granted.

by an assumed name under which the person is operating; or

by a code name or code number;

it is cancelled before the end of the period of effect; or

the period of effect is extended under section 35F.

in writing signed by the applicant; or

if the applicant reasonably believes that the delay caused by making a written application may be prejudicial to security—orally in person, or by telephone or other means of communication.

make a written record of the application; and

give a copy of it to the Minister.

is satisfied that there are reasonable grounds on which to believe that the special intelligence operation, conducted in accordance with the special intelligence operation authority as varied, will assist the Organisation in the performance of one or more special intelligence functions; and

considers it is appropriate to do so.

by means of a written document signed by the Minister; or

if the Minister is satisfied there are reasonable grounds on which to believe that the delay caused by giving a written variation may be prejudicial to security—orally in person, or by telephone or other means of communication.

be in writing; and

specify when the cancellation takes effect.

the special intelligence operation authority specifies a shorter period during which the person is so authorised; or

the special intelligence operation authority is varied under section 35F to provide that the person is no longer so authorised; or

the special intelligence operation authority is cancelled before the end of that period.

the participant engages in the conduct in the course of, and for the purposes of, the special intelligence operation; and

the participant engages in the conduct in accordance with the special intelligence operation authority to conduct the special intelligence operation; and

the participant is identified in the special intelligence operation authority as a person authorised to engage in special intelligence conduct for the purposes of the special intelligence operation; and

the conduct does not involve the participant intentionally inducing another person to commit an offence against a law of the Commonwealth, a State or a Territory that the other person would not otherwise have intended to commit; and

the conduct does not involve the participant engaging in any conduct that:

causes the death of, or serious injury to, any person; or

constitutes torture; or

involves the commission of a sexual offence against any person; or

causes significant loss of, or serious damage to, property; and

the requirements (if any) specified in a determination under subsection (2) have been met.

is unaware of the variation; and

is not reckless about the existence of the variation.

is unaware of the cancellation; and

is not reckless about the existence of the cancellation.

the person is aware of a substantial risk that the variation or cancellation has happened; and

having regard to the circumstances known to the person, it is unjustifiable to take the risk that the special intelligence operation authority has not been varied or cancelled.

(a) a person engages in conduct (the ancillary conduct) that relates to special intelligence conduct (the related conduct) engaged in by another person; and

engaging in the ancillary conduct is an ancillary offence in relation to the offence constituted by the related conduct.

of conspiring to commit the offence constituted by the related conduct; or

of aiding, abetting, counselling or procuring, inciting or being in any way knowingly concerned in, the commission of the offence constituted by the related conduct.

the person discloses information; and

the information relates to a special intelligence operation.

the person discloses information; and

the information relates to a special intelligence operation; and

either:

the person intends to endanger the health or safety of any person or prejudice the effective conduct of a special intelligence operation; or

the disclosure of the information will endanger the health or safety of any person or prejudice the effective conduct of a special intelligence operation.

in connection with the administration or execution of this Division; or

for the purposes of any legal proceedings arising out of or otherwise related to this Division or of any report of any such proceedings; or

in accordance with any requirement imposed by law; or

in connection with the performance of functions or duties, or the exercise of powers, of the Organisation; or

for the purpose of obtaining legal advice in relation to the special intelligence operation; or

(f) to an IGIS official for the purpose of the Inspector-General of Intelligence and Security exercising powers, or performing functions or duties, under the Inspector-General of Intelligence and Security Act 1986; or

by an IGIS official in connection with the IGIS official exercising powers, or performing functions or duties, under that Act.

in writing; and

as soon as practicable after the special intelligence operation authority is granted.

if the special intelligence operation authority has effect for a period of 6 months or less—for that period; or

otherwise:

for the first 6-months during which the special intelligence operation authority has effect; and

for the remainder of the period during which the special intelligence operation authority has effect.

caused the death of, or injury to, any person; or

involved the commission of a sexual offence against any person; or

resulted in loss of, or damage to, property.

the total number of applications made under section 35B during the year for the granting of special intelligence operation authorities; and

the total number of special intelligence operation authorities granted during the year.

interference by a foreign person or entity; or

reliance on inaccurate or false information.

to undertake activities in accordance with section 13B; and

assistance in relation to the production and use of imagery and other geospatial technologies;

activities that pose a risk, or are likely to pose a risk, to the operational security of ASIS;

activities covered by paragraphs 6(4)(a) to (c); or

training in the use of weapons or in self-defence techniques;

the activity or series of activities will be undertaken for the specific purpose, or for purposes which include the specific purpose, of producing intelligence on an Australian person or a class of Australian persons; and

the activity or series of activities will be undertaken outside Australia; and

the activity or series of activities will be undertaken to support ASIO in the performance of its functions; and

either:

the Director-General of Security; or

a person who is authorised under section 13C for the purposes of this subparagraph;

is authorised under subsection (7); and

will be undertaking the activity;

in accordance with this section; or

for the specific purpose of supporting ASIO in the performance of its functions;

a notice under paragraph (1)(d);

a notice under subsection (4);

an authorisation made under subsection (7).

there are satisfactory arrangements in place to ensure that activities will be undertaken in accordance with section 13B only for the specific purpose of supporting ASIO in the performance of its functions; and

there are satisfactory arrangements in place to ensure that the nature and consequences of acts done in accordance with section 13B will be reasonable, having regard to the purposes for which they are carried out.

the person:

is an officer of an authority with which ASIS is co-operating in accordance with paragraph 13(1)(c); or

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

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

it is provided for the purpose of enabling the person:

to protect himself or herself; or

to protect a staff member or agent of ASIS; or

to protect a person who is co-operating with ASIS in accordance with section 13.

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

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

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

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

the use of a firearm at a rifle range;

the use of a martial art at a martial arts club.

the person is, or has been, an entrusted person; and

the person has obtained a record in the person’s capacity as an entrusted person; and

the record:

was acquired or prepared by or on behalf of the Organisation in connection with its functions; or

relates to the performance by the Organisation of its functions; and

(d) the person engages in any of the following conduct (the relevant conduct):

copying the record;

transcribing the record;

retaining the record;

removing the record;

dealing with the record in any other manner; and

the relevant conduct was not engaged in by the person:

as an ASIO employee in the course of the person’s duties as an ASIO employee; or

as an ASIO affiliate in accordance with the contract, agreement or other arrangement under which the person is performing functions or services for the Organisation; or

in accordance with a contract, agreement or arrangement the person has entered into with ASIO (other than as an ASIO affiliate); or

acting within the limits of authority conferred on the person by the Director-General; or

with the approval of the Director-General, or of a person having the authority of the Director-General to give such an approval.

is not satisfied that the defendant is guilty of the prosecuted offence; but

(b) is satisfied beyond reasonable doubt that the defendant is guilty of an offence against subsection 18B(1) (the alternative offence).

an ASIO employee; or

an ASIO affiliate; or

a person who has entered into a contract, agreement or arrangement with ASIO (otherwise than as an ASIO affiliate).

the person is, or has been, an entrusted person; and

information or matter has come to the knowledge or into the possession of the person in the person’s capacity as an entrusted person; and

the information or matter:

was acquired or prepared by or on behalf of the Organisation in connection with its functions; or

relates to the performance by the Organisation of its functions; and

the person makes a record of the information or matter; and

the record is not made by the person:

as an ASIO employee in the course of the person’s duties as an ASIO employee; or

as an ASIO affiliate in accordance with the contract, agreement or other arrangement under which the person is performing functions or services for the Organisation; or

in accordance with a contract, agreement or arrangement the person has entered into with ASIO (other than as an ASIO affiliate); or

acting within the limits of authority conferred on the person by the Director-General; or

with the approval of the Director-General, or of a person having the authority of the Director-General to give such an approval.

is not satisfied that the defendant is guilty of the prosecuted offence; but

(b) is satisfied beyond reasonable doubt that the defendant is guilty of an offence against subsection 18A(1) (the alternative offence).

a person charged with an offence against section 18, 18A or 18B may be arrested, or a warrant for his or her arrest may be issued and executed; and

such a person may be remanded in custody or on bail;

the person is an IGIS official; and

the relevant conduct is engaged in by the person for the purposes of exercising powers, or performing functions or duties, as an IGIS official.

the Inspector-General of Intelligence and Security; or

(b) a member of the staff referred to in subsection 32(1) of the Inspector-General of Intelligence and Security Act 1986.

the person communicates any information or matter that was acquired or prepared by or on behalf of ONA in connection with its functions or relates to the performance by ONA of its functions; and

the information or matter has come to the knowledge or into the possession of the person by reason of:

his or her being, or having been, a staff member of ONA; or

his or her having entered into any contract, agreement or arrangement with ONA; or

his or her having been an employee or agent of a person who has entered into a contract, agreement or arrangement with ONA; and

the communication was not made:

to the Director-General of ONA or a staff member by the person in the course of the person’s duties as a staff member; or

to the Director-General of ONA or a staff member by the person in accordance with a contract, agreement or arrangement; or

by the person in the course of the person’s duties as a staff member, within the limits of authority conferred on the person by the Director-General of ONA; or

with the approval of the Director-General of ONA or of a staff member having the authority of the Director-General of ONA to give such an approval.

the person communicates any information or matter that was acquired or prepared by or on behalf of DIO in connection with its functions or relates to the performance by DIO of its functions; and

the information or matter has come to the knowledge or into the possession of the person by reason of:

his or her being, or having been, a staff member of DIO; or

his or her having entered into any contract, agreement or arrangement with DIO; or

his or her having been an employee or agent of a person who has entered into a contract, agreement or arrangement with DIO; and

the communication was not made:

to the Director of DIO or a staff member by the person in the course of the person’s duties as a staff member; or

to the Director of DIO or a staff member by the person in accordance with a contract, agreement or arrangement; or

by the person in the course of the person’s duties as a staff member, within the limits of authority conferred on the person by the Director of DIO; or

with the approval of the Director of DIO or of a staff member having the authority of the Director of DIO to give such an approval.

(a) the person engages in any of the following conduct (the relevant conduct):

copying a record;

transcribing a record;

retaining a record;

removing a record;

dealing with a record in any other manner; and

the record was obtained by the person by reason of:

his or her being, or having been, a staff member or agent of ASIS; or

his or her having entered into any contract, agreement or arrangement with ASIS; or

his or her having been an employee or agent of a person who has entered into a contract, agreement or arrangement with ASIS; and

the record:

was acquired or prepared by or on behalf of ASIS in connection with its functions; or

relates to the performance by ASIS of its functions; and

the relevant conduct was not engaged in:

in the course of the person’s duties as a staff member or agent; or

in accordance with a contract, agreement or arrangement with ASIS; or

by the person acting within the limits of authority conferred on the person by the Director-General; or

with the approval of the Director-General or of a staff member having the authority of the Director-General to give such an approval.

is not satisfied that the defendant is guilty of the prosecuted offence; but

(b) is satisfied beyond reasonable doubt that the defendant is guilty of an offence against subsection 40D(1) (the alternative offence).

the person makes a record of any information or matter; and

the information or matter has come to the knowledge or into the possession of the person by reason of:

his or her being, or having been, a staff member or agent of ASIS; or

his or her having entered into any contract, agreement or arrangement with ASIS; or

his or her having been an employee or agent of a person who has entered into a contract, agreement or arrangement with ASIS; and

the information or matter:

was acquired or prepared by or on behalf of ASIS in connection with its functions; or

relates to the performance by ASIS of its functions; and

the record was not made:

in the course of the person’s duties as a staff member or agent; or

in accordance with a contract, agreement or arrangement with ASIS; or

by the person acting within the limits of authority conferred on the person by the Director-General; or

with the approval of the Director-General or of a staff member having the authority of the Director-General to give such an approval.

is not satisfied that the defendant is guilty of the prosecuted offence; but

(b) is satisfied beyond reasonable doubt that the defendant is guilty of an offence against subsection 40C(1) (the alternative offence).

(a) the person engages in any of the following conduct (the relevant conduct):

copying a record;

transcribing a record;

retaining a record;

removing a record;

dealing with a record in any other manner; and

the record was obtained by the person by reason of:

his or her being, or having been, a staff member of AGO; or

his or her having entered into any contract, agreement or arrangement with AGO; or

his or her having been an employee or agent of a person who has entered into a contract, agreement or arrangement with AGO; and

the record:

was acquired or prepared by or on behalf of AGO in connection with its functions; or

relates to the performance by AGO of its functions; and

the relevant conduct was not engaged in:

in the course of the person’s duties as a staff member; or

by the person in accordance with a contract, agreement or arrangement with AGO; or

by the person acting within the limits of authority conferred on the person by the Director of AGO; or

with the approval of the Director of AGO or of a staff member having the authority of the Director of AGO to give such an approval.

is not satisfied that the defendant is guilty of the prosecuted offence; but

(b) is satisfied beyond reasonable doubt that the defendant is guilty of an offence against subsection 40F(1) (the alternative offence).

the person makes a record of any information or matter; and

the information or matter has come to the knowledge or into the possession of the person by reason of:

his or her being, or having been, a staff member of AGO; or

his or her having entered into any contract, agreement or arrangement with AGO; or

his or her having been an employee or agent of a person who has entered into a contract, agreement or arrangement with AGO; and

the information or matter:

was acquired or prepared by or on behalf of AGO in connection with its functions; or

relates to the performance by AGO of its functions; and

the record was not made:

in the course of the person’s duties as a staff member; or

in accordance with a contract, agreement or arrangement with AGO; or

by the person acting within the limits of authority conferred on the person by the Director of AGO; or

with the approval of the Director of AGO or of a staff member having the authority of the Director of AGO to give such an approval.

is not satisfied that the defendant is guilty of the prosecuted offence; but

(b) is satisfied beyond reasonable doubt that the defendant is guilty of an offence against subsection 40E(1) (the alternative offence).

(a) the person engages in any of the following conduct (the relevant conduct):

copying a record;

transcribing a record;

retaining a record;

removing a record;

dealing with a record in any other manner; and

the record was obtained by the person by reason of:

his or her being, or having been, a staff member of ASD; or

his or her having entered into any contract, agreement or arrangement with ASD; or

his or her having been an employee or agent of a person who has entered into a contract, agreement or arrangement with ASD; and

the record:

was acquired or prepared by or on behalf of ASD in connection with its functions; or

relates to the performance by ASD of its functions; and

the relevant conduct was not engaged in:

in the course of the person’s duties as a staff member; or

in accordance with a contract, agreement or arrangement with ASD; or

by the person acting within the limits of authority conferred on the person by the Director of ASD; or

with the approval of the Director of ASD or of a staff member having the authority of the Director of ASD to give such an approval.

is not satisfied that the defendant is guilty of the prosecuted offence; but

(b) is satisfied beyond reasonable doubt that the defendant is guilty of an offence against subsection 40H(1) (the alternative offence).

the person makes a record of any information or matter; and

the information or matter has come to the knowledge or into the possession of the person by reason of:

his or her being, or having been, a staff member of ASD; or

his or her having entered into any contract, agreement or arrangement with ASD; or

his or her having been an employee or agent of a person who has entered into a contract, agreement or arrangement with ASD; and

the information or matter:

was acquired or prepared by or on behalf of ASD in connection with its functions; or

relates to the performance by ASD of its functions; and

the record was not made:

in the course of the person’s duties as a staff member; or

in accordance with a contract, agreement or arrangement with ASD; or

by the person acting within the limits of authority conferred on the person by the Director of ASD; or

with the approval of the Director of ASD or of a staff member having the authority of the Director of ASD to give such an approval.

is not satisfied that the defendant is guilty of the prosecuted offence; but

(b) is satisfied beyond reasonable doubt that the defendant is guilty of an offence against subsection 40G(1) (the alternative offence).

(a) the person engages in any of the following conduct (the relevant conduct):

copying a record;

transcribing a record;

retaining a record;

removing a record;

dealing with a record in any other manner; and

the record was obtained by the person by reason of:

his or her being, or having been, a staff member of ONA; or

his or her having entered into any contract, agreement or arrangement with ONA; or

his or her having been an employee or agent of a person who has entered into a contract, agreement or arrangement with ONA; and

the record:

was acquired or prepared by or on behalf of ONA in connection with its functions; or

relates to the performance by ONA of its functions; and

the relevant conduct was not engaged in:

in the course of the person’s duties as a staff member; or

in accordance with a contract, agreement or arrangement with ONA; or

by the person acting within the limits of authority conferred on the person by the Director-General of ONA; or

with the approval of the Director-General of ONA or of a staff member having the authority of the Director-General of ONA to give such an approval.

is not satisfied that the defendant is guilty of the prosecuted offence; but

(b) is satisfied beyond reasonable doubt that the defendant is guilty of an offence against subsection 40K(1) (the alternative offence).

the person makes a record of any information or matter; and

the information or matter has come to the knowledge or into the possession of the person by reason of:

his or her being, or having been, a staff member of ONA; or

his or her having entered into any contract, agreement or arrangement with ONA; or

his or her having been an employee or agent of a person who has entered into a contract, agreement or arrangement with ONA; and

the information or matter:

was acquired or prepared by or on behalf of ONA in connection with its functions; or

relates to the performance by ONA of its functions; and

the record was not made:

in the course of the person’s duties as a staff member; or

in accordance with a contract, agreement or arrangement with ONA; or

by the person acting within the limits of authority conferred on the person by the Director-General of ONA; or

with the approval of the Director-General of ONA or of a staff member having the authority of the Director-General of ONA to give such an approval.

is not satisfied that the defendant is guilty of the prosecuted offence; but

(b) is satisfied beyond reasonable doubt that the defendant is guilty of an offence against subsection 40J(1) (the alternative offence).

(a) the person engages in any of the following conduct (the relevant conduct):

copying a record;

transcribing a record;

retaining a record;

removing a record;

dealing with a record in any other manner; and

the record was obtained by the person by reason of:

his or her being, or having been, a staff member of DIO; or

his or her having entered into any contract, agreement or arrangement with DIO; or

his or her having been an employee or agent of a person who has entered into a contract, agreement or arrangement with DIO; and

the record:

was acquired or prepared by or on behalf of DIO in connection with its functions; or

relates to the performance by DIO of its functions; and

the relevant conduct was not engaged in:

in the course of the person’s duties as a staff member; or

in accordance with a contract, agreement or arrangement with DIO; or

by the person acting within the limits of authority conferred on the person by the Director of DIO; or

with the approval of the Director of DIO or of a staff member having the authority of the Director of DIO to give such an approval.

is not satisfied that the defendant is guilty of the prosecuted offence; but

(b) is satisfied beyond reasonable doubt that the defendant is guilty of an offence against subsection 40M(1) (the alternative offence).

the person makes a record of any information or matter; and

the information or matter has come to the knowledge or into the possession of the person by reason of:

his or her being, or having been, a staff member of DIO; or

his or her having entered into any contract, agreement or arrangement with DIO; or

his or her having been an employee or agent of a person who has entered into a contract, agreement or arrangement with DIO; and

the information or matter:

was acquired or prepared by or on behalf of DIO in connection with its functions; or

relates to the performance by DIO of its functions; and

the record was not made:

in the course of the person’s duties as a staff member; or

in accordance with a contract, agreement or arrangement with DIO; or

by the person acting within the limits of authority conferred on the person by the Director of DIO; or

with the approval of the Director of DIO or of a staff member having the authority of the Director of DIO to give such an approval.

is not satisfied that the defendant is guilty of the prosecuted offence; but

(b) is satisfied beyond reasonable doubt that the defendant is guilty of an offence against subsection 40L(1) (the alternative offence).

a person charged with an offence against this Division may be arrested, or a warrant for his or her arrest may be issued and executed; and

such a person may be remanded in custody or on bail;

the person is an IGIS official; and

the relevant conduct is engaged in by the person for the purpose of exercising powers, or performing functions or duties, as an IGIS official.

(c) sections 39, 39A, 40, 40A to 40M and 41 of the Intelligence Services Act 2001;

in relation to AGO—the Director of AGO; and

in relation to ASD—the Director of ASD.

AGO; or

ASD; or

the Australian Geospatial-Intelligence Organisation;

the Australian Signals Directorate;

ASD;

AGO;

the Australian Geospatial-Intelligence Organisation;

the Australian Signals Directorate;

in relation to AGO—the Director of AGO; or

in relation to ASD—the Director of ASD; or

that part of the Defence Department known as the Defence Imagery and Geospatial Organisation were a body and the amendments made by Part 1 of this Schedule altered the name of that body to the Australian Geospatial-Intelligence Organisation; and

that part of the Defence Department known as the Defence Signals Directorate were a body and the amendments made by Part 1 of this Schedule altered the name of that body to the Australian Signals Directorate.