Intelligence Services Amendment Act 2004 (Cth)

Intelligence Services Amendment Act 2004

No. 57, 2004

An Act to amend the Intelligence Services Act 2001, and for related purposes

Contents 1 Short title 2 Commencement 3 Schedule(s)

Schedule 1—Functions of ASIS Intelligence Services Act 2001

Intelligence Services Amendment Act 2004

No. 57, 2004

An Act to amend the Intelligence Services Act 2001, and for related purposes

[Assented to 27 April 2004]

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Intelligence Services Amendment Act 2004.

2 Commencement

This Act commences on the day on which it receives the Royal Assent.

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Functions of ASIS

Intelligence Services Act 2001

1 At the end of subsection 6(3) Add:

Note: If the Minister gives a direction under paragraph (1)(e), the Minister must give a copy of the direction to the Inspector‑General of Intelligence and Security as soon as practicable after the direction is given to the head of ASIS (see section 32B of the Inspector‑General of Intelligence and Security Act 1986).

2 Subsection 6(4) Repeal the subsection (including the notes), substitute:

(4) In performing its functions, ASIS must not plan for, or undertake, activities that involve: (a) paramilitary activities; or (b) violence against the person; or (c) the use of weapons; by staff members or agents of ASIS.

Note 1: This subsection does not prevent ASIS from being involved with the planning or undertaking of activities covered by paragraphs (a) to (c) by other organisations provided that staff members or agents of ASIS do not undertake those activities.

Note 2: For other limits on the agency's functions and activities see sections 11 and 12.