Commonwealth Numbered Acts Commonwealth Numbered Acts
Intelligence Services Act 2001
1 Section 3
Insert:
"involved with a listed terrorist organisation " has a meaning affected by subsection 9(1AAB).
"listed terrorist organisation " has the same meaning as in subsection 100.1(1) of the Criminal Code .
2 After subparagraph 8(1)(a)(i)
Insert:
(iaa) undertaking 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
3 After subsection 9(1A)
Insert:
(1AAA) Before a Minister gives an authorisation for an activity, or a series of activities, of a kind mentioned in subparagraph 8(1)(a)(iaa), the Minister must also:
(a) be satisfied that the class of Australian persons mentioned in that subparagraph is, or is likely to be, involved with a listed terrorist organisation; and
(b) obtain the agreement (orally or in writing, but subject to subsection (1AA)) of the Attorney-General.
(1AAB) Without limiting the circumstances in which a person is involved with a listed terrorist organisation, a person is taken to be involved with a listed terrorist organisation if the person:
(a) directs, or participates in, the activities of the organisation; or
(b) recruits a person to join, or participate in the activities of, the organisation; or
(c) provides training to, receives training from, or participates in training with, the organisation; or
(d) is a member of the organisation (within the meaning of subsection 102.1(1) of the Criminal Code ); or
(e) provides financial or other support to the organisation; or
(f) advocates for, or on behalf of, the organisation.
4 Subsection 9(1AA)
After "paragraph (1A)(b)", insert "or (1AAA)(b)".
5 Paragraph 9(1AA)(a)
Repeal the paragraph, substitute:
(a) specify classes of Australian persons who are, or are likely to be:
(i) involved in an activity or activities that are, or are likely to be, a threat to security; or
(ii) involved with a listed terrorist organisation; and
6 Paragraph 9(1AB)(a)
After "subparagraph 8(1)(a)(i),", insert "(iaa),".
7 Subsection 9(4)
After "subparagraph 8(1)(a)(i),", insert "(iaa),".
8 Paragraph 9(5)(b)
After "paragraph (1A)(b)", insert "or (1AAA)(b)".
9 Subsection 9(6)
After "paragraph (1A)(b)", insert "or (1AAA)(b)".
10 Paragraph 9A(1)(a)
Omit "subparagraph 8(1)(a)(ia)", substitute "subparagraph 8(1)(a)(iaa), (ia)".
11 Subsection 10(1A)
After "subparagraph 8(1)(a)(i),", insert "(iaa),".
12 After section 10
Insert:
10AA Additional requirements for class authorisations
(1) This section applies if an authorisation is given to an agency under section 9 for an activity, or a series of activities, of a kind mentioned in subparagraph 8(1)(a)(iaa), (ia) or (ib) in relation to one or more members of a class of Australian persons.
(2) The agency head must ensure that a list is kept that:
(a) identifies each Australian person in relation to whom the agency intends to undertake activities, or a series of activities, under the authorisation; and
(b) gives an explanation of the reasons why the agency believes the person is a member of the class; and
(c) includes any other information that the agency head considers appropriate.
Note: For variation of the list, see subsection 33(3) of the Acts Interpretation Act 1901 .
(3) If:
(a) the Attorney-General's agreement under paragraph 9(1A)(b) or (1AAA)(b) was obtained in relation to the class of Australian persons mentioned in subsection (1); and
(b) an Australian person who is a member of that class is included on the list;
then the agency head must ensure that the Director-General of Security is given, as soon as practicable:
(c) a copy of the list; and
(d) written notice that the Australian person was included on the list.
(4) The agency head must ensure that the list is available for inspection on request by the Inspector-General of Intelligence and Security.
(5) The list and a notice under paragraph (3)(d) are not legislative instruments.
13 Subsection 10A(3)
Repeal the subsection, substitute:
(3) If the report is in respect of an activity, or a series of activities, of a kind mentioned in subparagraph 8(1)(a)(iaa), (ia) or (ib), then:
(a) the report must be provided to the Minister as soon as practicable, but no later than 3 months, after each of the following days:
(i) the day on which the relevant authorisation ceased to have effect;
(ii) the day on which the relevant authorisation was renewed; and
(b) the report must be accompanied with a statement identifying every Australian person who was included on the list referred to in section 10AA during the period the authorisation was in effect.