Intelligence Services Act 2001 (Cth)

Intelligence Services Act 2001

No. 152, 2001

Compilation No. 50

Compilation date: 30 November 2024

Includes amendments: Act No. 99, 2024

About this compilation

This compilation

This is a compilation of the Intelligence Services Act 2001 that shows the text of the law as amended and in force on 30 November 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Definitions 3A References to Ministers 4 Extension to external Territories 5 Application of Criminal Code Part 2—Functions of the agencies Division 1—Functions of the agencies 6 Functions of ASIS 6A Committee to be advised of other activities 6B Functions of AGO 7 Functions of ASD 8 Ministerial directions 9 Ministerial authorisation 9A Authorisations in an emergency—Ministerial authorisations 9B Authorisations in an emergency—Ministers unavailable 9C Authorisations in an emergency—Attorney‑General unavailable 9D Authorisations in an emergency—imminent risk to safety of an Australian person 10 Period during which authorisation given under section 9 has effect etc. 10AA Additional requirements for class authorisations 10A Agency heads must report on authorised activities 11 Limits on agencies' functions 12 Limits on agencies' activities 12A Special responsibilities of Director and Directors‑General Division 2—Cooperation 13 Cooperation with other authorities in connection with performance of agency's own functions 13A Cooperation with intelligence agencies etc. in connection with performance of their functions Division 3—Activities undertaken in relation to ASIO 13B Activities undertaken in relation to ASIO 13C Authorised persons for activities undertaken in relation to ASIO 13D Certain acts not permitted 13E Director‑General of ASIS to be satisfied of certain matters 13F Other matters relating to activities undertaken in relation to ASIO 13G Guidelines relating to activities undertaken in relation to ASIO Division 4—Other 14 Liability for certain acts 15 Rules to protect privacy of Australians Part 3—Establishment of ASIS and role of Director‑General of ASIS Division 1—Establishment and control of ASIS 16 Establishment of ASIS on a statutory basis 17 Appointment of Director‑General of ASIS 18 Control of ASIS 19 Briefing the Leader of the Opposition about ASIS Division 2—Administrative provisions relating to the Director‑General of ASIS 20 Period of appointment 21 Remuneration etc. 22 Resignation 23 Termination of appointment 24 Acting Director‑General of ASIS 25 Outside employment 27 Delegation Part 3A—Establishment of ASD and role of Director‑General of ASD Division 1—Establishment and control of ASD 27A Establishment of ASD on a statutory basis 27B Appointment of Director‑General of ASD 27C Control of ASD 27D Briefing the Leader of the Opposition about ASD Division 2—Administrative provisions relating to the Director‑General of ASD 27E Basis and period of appointment 27F Remuneration 27G Resignation 27H Termination of appointment 27J Acting appointments 27K Leave of absence 27L Outside employment 27M Other terms and conditions 27N Delegation by Director‑General of ASD Part 4—Committee on Intelligence and Security 28 Committee on Intelligence and Security 29 Functions of the Committee 30 Agency heads and Inspector‑General of Intelligence and Security to brief the Committee 31 Annual report 32 Schedule 1 Part 5—Staff of ASIS 33 Employment of staff 34 Engagement of consultants 35 Applicability of principles of Public Service Act 1999 36 Special provisions relating to existing staff 36A Voluntary moves to APS 37 Staff grievances 38 Application of Crimes Act Part 5A—Staff of ASD 38A Employment of staff 38B Consultants 38C Contracted service providers 38D Secondment of employees of ASD 38E Secondment of persons to ASD 38F Applicability of principles of the Public Service Act 1999 38G Voluntary moves to APS 38H Staff grievances Part 6—Miscellaneous Division 1—Secrecy 39 Communication of certain information—ASIS, AGO, DIO and ASD 40C Unauthorised dealing with records—ASIS, AGO, DIO and ASD 40D Unauthorised recording of information or matter—ASIS, AGO, DIO and ASD 41 Publication of identity of staff 41AA Cover employment for ASIS and ASD staff members 41AB Cover employment—determining a specified Commonwealth authority 41AC Protection from criminal liability—third parties 41A Offences against this Division—general rules 41B Offences against this Division—IGIS officials Division 1A—Communication and use of limited cyber security information 41BA Cyber security information for which communication and use is limited by this Division 41BB Limited cyber security information can only be communicated by ASD for permitted cyber security purposes 41BC Limitations on secondary use and communication of limited cyber security information 41BD Application of section 41BC to the Crown 41BE Legal professional privilege 41BF Admissibility of limited cyber security information voluntarily given by impacted entity 41BG Director‑General of ASD and staff members of ASD not compellable as witnesses in relation to limited cyber security information 41BH How this Division applies in relation to non‑legal persons 41BI Contravening a civil penalty provision of this Division Division 2—Other matters 41C Rules to protect privacy of Australians—DIO 42 Annual report—ASIS 42A Annual report—ASD 43 Regulations Schedule 1—Committee on Intelligence and Security Part 1A—Preliminary 1A Definitions 1B Application of provisions of Schedule to subcommittees Part 1—Procedure 1 Committee must not require certain information to be disclosed 2 Power to obtain information and documents 3 Provision of information to Committee by agencies 4 Certificates by Minister 5 Evidence 6 Publication of evidence or contents of documents 7 Restrictions on disclosure to Parliament 8 Continuance of evidence Part 2—Offences 9 Offences relating to publishing or disclosing evidence or documents 10 Offences relating to giving evidence or producing documents 11 Protection of witnesses 12 Secrecy 13 Prosecution of offences Part 3—Administration 14 Appointment of members 15 Term of office 16 Chair 16A Deputy Chair 17 Meetings 18 Quorum 19 Voting at meetings 20 Proceedings 21 Staff of the Committee must be cleared for security purposes 22 Protection of information and documents Part 4—Subcommittees 23 Subcommittees 24 Term of office 25 Operation of subcommittees Schedule 2—Activities excepted under subsection 6(5) of the Act 1 Provision of weapons, training etc. 2 Application of certain State and Territory laws 3 Reports to Inspector‑General of Intelligence and Security Schedule 3—Activities excepted under subsection 6(5A) of the Act 1 Provision of weapons, training etc. 2 Guidelines for the purposes of this Schedule 3 Application of certain State and Territory laws 4 Reports to Inspector‑General of Intelligence and Security Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history