Commonwealth Numbered Acts Commonwealth Numbered Acts
Intelligence Services Act 2001
1 Section 3 (paragraphs (a), (b) and (c) of the definition of intelligence information )
Omit "information" (wherever occurring), substitute "intelligence".
2 Section 3
Insert:
"prescribed activity " has the meaning given by subsection 8(1B).
3 After subsection 8(1)
Insert:
(1A) For the purposes of subparagraphs (1)(a)(i), (iaa) and (ia), an agency undertakes 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 one or more members of a class of Australian persons, only if:
(a) the agency undertakes a prescribed activity to obtain that intelligence; or
(b) the agency expressly or impliedly requests an authority referred to in paragraph 13(1)(c) to undertake a prescribed activity to obtain that intelligence.
(1B) Prescribed activity means a covert and intrusive activity, or a series of covert and intrusive activities and, to avoid doubt, includes an activity, or a series of activities, that ASIO could not undertake in at least one State or Territory without it being authorised by warrant under:
(a) Division 2 of Part III of the Australian Security Intelligence Organisation Act 1979 ; or
(b) Part 2-2 of the Telecommunications (Interception and Access) Act 1979 .