Commonwealth Consolidated Acts Commonwealth Consolidated Acts
Australian Security Intelligence Organisation Act 1979
1 Section 4
Insert:
"data storage device" means a thing (for example, a disk or file server) containing (whether temporarily or permanently), or designed to contain (whether temporarily or permanently), data for use by a computer.
2 After section 22
Insert:
23 Requesting information or documents from operators of aircraft or vessels
(1) For the purposes of carrying out the Organisation's functions, an authorised officer or employee may:
(a) ask an operator of an aircraft or vessel questions relating to the aircraft or vessel, or its cargo, crew, passengers, stores or voyage; or
(b) request an operator of an aircraft or vessel to produce documents relating to the aircraft or vessel, or its cargo, crew, passengers, stores or voyage, that are in the possession or under the control of the operator.
(2) A person who is asked a question or requested to produce a document under subsection (1) must answer the question or produce the document as soon as practicable.
Offence
(3) A person commits an offence if:
(a) the person is an operator of an aircraft or vessel; and
(b) the person is asked a question or requested to produce a document under subsection (1); and
(c) the person fails to answer the question or produce the document.
Penalty: 60 penalty units.
(4) Subsection (3) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code .
(5) It is a defence to a prosecution for an offence against subsection (3) if the person charged had a reasonable excuse for:
(a) failing to answer the question; or
(b) failing to produce the document.
(6) The Director - General, or a senior officer of the Organisation appointed by the Director - General in writing to be an authorising officer for the purposes of this subsection, may authorise, in writing, an officer or employee of the Organisation, or a class of such officers or employees, for the purposes of this section.
(7) In this section:
"authorised officer or employee" means an officer or employee who is authorised under subsection (6) for the purposes of this section.
"operator" has the meaning given by section 4 of the Customs Act 1901 .
"senior officer of the Organisation" means an officer of the Organisation who holds or performs the duties of an office that is:
(a) equivalent to a position occupied by an SES employee; or
(b) designated as an office of Coordinator by the Director - General under section 85.
3 Paragraphs 25(4)(d) and (4A)(c)
Omit "for such time as is reasonable".
4 After subsection 25(4B)
Insert:
Time period for retaining records and other things
(4C) A record or other thing retained as mentioned in paragraph (4)(d) or (4A)(c) may be retained:
(a) 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
(b) otherwise--for only such time as is reasonable.
5 Paragraph 25(5)(a)
After "or other electronic equipment" (first occurring), insert ", or a data storage device, brought to or".
6 Paragraph 25(5)(a)
Omit "or other electronic equipment" (second and third occurring), substitute ", equipment or device".
7 Paragraph 25(5)(b)
Omit "or other electronic equipment", substitute ", equipment or device".
8 Subparagraph 25(5)(b)(iii)
Omit "a storage device", substitute "any data storage device".
9 Subparagraph 25(5)(b)(iii)
Omit "the storage device", substitute "the device".
10 Subsection 25(6)
Omit "of the computer or other electronic equipment by other persons", substitute "by other persons of a computer or other electronic equipment, or a data storage device, found on the subject premises".
11 Subsection 25(6)
Omit "or other electronic equipment" (second occurring), substitute ", equipment or device".
12 Subsection 25(10)
Omit "28 days", substitute "90 days".
13 Before paragraph 25A(4)(a)
Insert:
(aa) entering specified premises for the purposes of doing the things mentioned in this subsection;
14 At the end of paragraph 25A(4)(a)
Add:
or (iv) a data storage device;
15 After subsection 25A(5)
Insert:
Authorisation of entry measures
(5A) The warrant must:
(a) authorise the use of any force that is necessary and reasonable to do the things specified in the warrant; and
(b) 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.
16 Subsection 27(4)
Omit "90 days", substitute "6 months".
17 Subsection 27AA(9)
Omit "90 days", substitute "6 months".
18 Paragraph 27A(3)(a)
Omit "28 days", substitute "90 days".
19 Paragraph 27A(3)(b)
Omit "or 26C(3)--6 months; or", substitute ", 26C(3), 27(2) or (3) or 27AA(5) or (8)--6 months;".
20 Paragraph 27A(3)(c)
Repeal the paragraph.
21 Paragraph 34G(5)(b)
Omit "in a material particular".
22 After subsection 34G(5)
Insert:
(5A) Subsection (5) does not apply if the statement is not false or misleading in a material particular.
Note: A defendant bears an evidential burden in relation to the matter in subsection (5A) (see subsection 13.3(3) of the Criminal Code ).
23 Paragraphs 34N(1)(a) and (c)
Omit "for such time as is reasonable".
24 At the end of section 34N
Add:
(3) A record or other thing, or an item, retained as mentioned in paragraph (1)(a) or (c) may be retained:
(a) if returning the record, thing or item would be prejudicial to security--only until returning the record, thing or item would no longer be prejudicial to security; and
(b) otherwise--for only such time as is reasonable.
25 Application of items
(1) The amendments made by items 1, 3 to 20, 23 and 24 apply to warrants issued after this item commences.
(2) The amendments made by items 21 and 22 apply to statements made after this item commences.
26 Section 35
Before "In this Part", insert "(1)".
27 Section 35 (at the end of the definition of prescribed administrative action )
Add:
Note: An obligation, prohibition or restriction imposed by a control order is not prescribed administrative action (see subsection (2)).
28 At the end of section 35
Add:
(2) To avoid doubt, an obligation, prohibition or restriction imposed on a person by a control order made under Division 104 of the Criminal Code is not prescribed administrative action.
29 After subparagraph 186A(1)(b)(ii)
Insert:
or (iii) the performance of functions under section 17 of the Australian Security Intelligence Organisation Act 1979 ; or
(iv) the performance of functions under section 6 of the Intelligence Services Act 2001 ; or
(v) security (within the meaning of section 4 of the Australian Security Intelligence Organisation Act 1979 );
Customs Administration Act 1985
30 After paragraph 16(9)(i)
Insert:
(ia) a purpose relating to the performance of functions under section 17 of the Australian Security Intelligence Organisation Act 1979 ;
(ib) a purpose relating to the performance of functions under section 6 of the Intelligence Services Act 2001 ;
31 Paragraph 202(1)(a)
Omit "the security of the Commonwealth, of a State or of an internal or external Territory", substitute "security".
32 Subsection 202(6)
Insert:
"security" has the meaning given by section 4 of the Australian Security Intelligence Organisation Act 1979 .