Commonwealth Consolidated Acts Commonwealth Consolidated ActsIn this Act, unless the contrary intention appears:
"activities prejudicial to security" includes any activities concerning which Australia has responsibilities to a foreign country as referred to in paragraph (b) of the definition of security in this section.
"acts of foreign interference" means activities relating to Australia that are carried on by or on behalf of, are directed or subsidised by or are undertaken in active collaboration with, a foreign power, being activities that:
(a) are clandestine or deceptive and:
(i) are carried on for intelligence purposes;
(ii) are carried on for the purpose of affecting political or governmental processes; or
(iii) are otherwise detrimental to the interests of Australia; or
(b) involve a threat to any person.
"AGO" has the meaning given by the Intelligence Services Act 2001 .
"ASD" has the meaning given by the Intelligence Services Act 2001 .
"ASIO affiliate" means a person performing functions or services for the Organisation in accordance with a contract, agreement or other arrangement, and includes a person engaged under section 85 and a person performing services under an agreement under section 87, but does not include the Director - General or an ASIO employee.
"ASIO employee" means a person employed under section 84 or 90.
"ASIS" has the meaning given by the Intelligence Services Act 2001 .
"attacks on Australia's defence system" means activities that are intended to, and are likely to, obstruct, hinder or interfere with the performance by the Defence Force of its functions or with the carrying out of other activities by or for the Commonwealth for the purposes of the defence or safety of the Commonwealth.
"Australia" , when used in a geographical sense, includes the external Territories.
"Australian travel document" has the same meaning as in the Australian Passports Act 2005 .
"authority of a State" :
(a) in Part IV--has the meaning given by subsection 35(1); and
(aa) in Part IVA--has the meaning given by section 82A; and
(b) otherwise--includes:
(i) a Department of State of a State, or a Department of the Public Service of a State; and
(ii) a body, whether incorporated or not, established for public purposes by or under a law of a State; and
(iii) a body corporate in which a State or a body referred to in subparagraph (ii) has a controlling interest.
"authority of the Commonwealth" includes:
(a) a Department of State or an Agency within the meaning of the Public Service Act 1999 ;
(aa) a Department within the meaning of the Parliamentary Service Act 1999 ;
(b) the Defence Force;
(c) a body, whether incorporated or not, established for public purposes by or under a law of the Commonwealth or of a Territory;
(d) the holder of an office established for public purposes by or under a law of the Commonwealth or of a Territory;
(e) a prescribed body established in relation to public purposes that are of concern to the Commonwealth and any State or States; and
(f) a body corporate in which the Commonwealth or a body referred to in paragraph (c) has a controlling interest.
"carriage service provider" has the same meaning as in the Telecommunications Act 1997 .
"carrier" has the same meaning as in the Telecommunications Act 1997 .
"certified copy" means:
(a) in relation to a warrant--a copy of the warrant that has been certified in writing by the Director - General or a Deputy Director - General to be a true copy of the warrant; or
(b) in relation to an authorisation under section 27G--a copy of the authorisation that has been certified in writing by the Director - General or a Deputy Director - General to be a true copy of the authorisation; or
(c) in relation to an instrument varying or revoking a warrant or an authorisation under section 27G--a copy of the instrument that has been certified in writing by the Director - General or a Deputy Director - General to be a true copy of the instrument.
"Committee on Intelligence and Security" means the Parliamentary Joint Committee on Intelligence and Security established under the Intelligence Services Act 2001 .
"Commonwealth agency" means a Minister or an authority of the Commonwealth.
"computer" means all or part of:
(a) one or more computers; or
(b) one or more computer systems; or
(c) one or more computer networks; or
(d) any combination of the above.
"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.
"Defence Department" means the Department of State that deals with defence and that is administered by the Minister administering section 1 of the Defence Act 1903 .
"Defence Minister" means the Minister administering section 1 of the Defence Act 1903 .
"Deputy Director-General" means a person who holds, or is acting in, a position known as Deputy Director - General of Security.
"Director-General" means the Director - General of Security holding office under this Act.
"engage in conduct" has the same meaning as in the Criminal Code .
"entrusted person" means:
(a) an ASIO employee; or
(b) an ASIO affiliate; or
(c) a person who has entered into a contract, agreement or arrangement with ASIO (other than as an ASIO affiliate).
"Foreign Affairs Minister" means the Minister administering the Diplomatic Privileges and Immunities Act 1967 .
"foreign intelligence" means intelligence about the capabilities, intentions or activities of people or organisations outside Australia.
"foreign power" means:
(a) a foreign government;
(b) an entity that is directed or controlled by a foreign government or governments; or
(c) a foreign political organisation.
"frisk search" means:
(a) a search of a person conducted by quickly running the hands over the person's outer garments; and
(b) an examination of anything worn or carried by the person that is conveniently and voluntarily removed by the person.
"IGIS official" (short for Inspector - General of Intelligence and Security official) means:
(a) the Inspector - General of Intelligence and Security; or
(b) any other person covered by subsection 32(1) of the Inspector - General of Intelligence and Security Act 1986 .
"intelligence or security agency" means any of the following:
(a) the Australian Secret Intelligence Service;
(aa) the Australian Signals Directorate;
(b) the Office of National Intelligence;
(c) that part of the Defence Department known as the Australian Geospatial - Intelligence Organisation;
(d) that part of the Defence Department known as the Defence Intelligence Organisation.
"intercept a communication passing over a telecommunications system" has the same meaning as in the Telecommunications (Interception and Access) Act 1979 .
"Judge" means a Judge of a court created by the Parliament.
"law enforcement agency" means an authority of the Commonwealth, or an authority of a State, that has functions relating to law enforcement.
"ONI" means the Office of National Intelligence.
"ordinary search" means a search of a person or of articles on his or her person that may include:
(a) requiring the person to remove his or her overcoat, coat or jacket and any gloves, shoes and hat; and
(b) an examination of those items.
"Organisation" means the Australian Security Intelligence Organisation.
"participant" in a special intelligence operation means a person who is authorised under Division 4 of Part III to engage in special intelligence conduct for the purposes of the special intelligence operation.
"permanent resident" means a person:
(a) in the case of a natural person:
(i) who is not an Australian citizen;
(ii) whose normal place of residence is situated in Australia;
(iii) whose presence in Australia is not subject to any limitation as to time imposed by law; and
(iv) who is not an unlawful non - citizen within the meaning of the Migration Act 1958 ; or
(b) in the case of a body corporate:
(i) which is incorporated under a law in force in a State or Territory; and
(ii) the activities of which are not controlled (whether directly or indirectly) by a foreign power.
"politically motivated violence" means:
(a) acts or threats of violence or unlawful harm that are intended or likely to achieve a political objective, whether in Australia or elsewhere, including acts or threats carried on for the purpose of influencing the policy or acts of a government, whether in Australia or elsewhere; or
(b) acts that:
(i) involve violence or are intended or are likely to involve or lead to violence (whether by the persons who carry on those acts or by other persons); and
(ii) are directed to overthrowing or destroying, or assisting in the overthrow or destruction of, the government or the constitutional system of government of the Commonwealth or of a State or Territory; or
(ba) acts that are offences punishable under Subdivision A of Division 72, or Part 5.3, of the Criminal Code ; or
(c) acts that are offences punishable under Division 119 of the Criminal Code , the Crimes (Hostages) Act 1989 or Division 1 of Part 2, or Part 3, of the Crimes (Ships and Fixed Platforms) Act 1992 or under Division 1 or 4 of Part 2 of the Crimes (Aviation) Act 1991 ; or
(d) acts that:
(i) are offences punishable under the Crimes (Internationally Protected Persons) Act 1976 ; or
(ii) threaten or endanger any person or class of persons specified by the Minister for the purposes of this subparagraph by notice in writing given to the Director - General.
"promotion of communal violence" means activities that are directed to promoting violence between different groups of persons in the Australian community so as to endanger the peace, order or good government of the Commonwealth.
"retained data" has the same meaning as in the Telecommunications (Interception and Access) Act 1979 .
"security" means:
(a) the protection of, and of the people of, the Commonwealth and the several States and Territories from:
(i) espionage;
(ii) sabotage;
(iii) politically motivated violence;
(iv) promotion of communal violence;
(v) attacks on Australia's defence system; or
(vi) acts of foreign interference;
whether directed from, or committed within, Australia or not; and
(aa) the protection of Australia's territorial and border integrity from serious threats; and
(b) the carrying out of Australia's responsibilities to any foreign country in relation to a matter mentioned in any of the subparagraphs of paragraph (a) or the matter mentioned in paragraph (aa).
"security clearance decision" means a decision to do any of the following:
(a) grant a security clearance to a person;
(b) deny a security clearance in respect of a person;
(c) impose, vary or remove conditions on a security clearance in respect of a person;
(d) suspend a security clearance, or revoke a suspension of a security clearance, held by a person;
(e) revoke a security clearance held by a person.
Note: See also subsection 82L(4) in relation to a decision of an internal reviewer (within the meaning of Part IVA).
"security clearance suitability assessment" means a statement in writing that:
(a) is furnished by the Organisation; and
(b) is about a person's suitability to hold a security clearance (with or without conditions imposed in respect of the security clearance) that has been, or may be, granted by another security vetting agency (within the meaning of Part IVA); and
(c) expressly states that it is a security clearance suitability assessment for the purposes of paragraph 82C(1)(d).
"seizable item" means anything that could present a danger to a person or that could be used to assist a person to escape from lawful custody.
"senior position-holder" means an ASIO employee, or an ASIO affiliate, who holds, or is acting in, a position in the Organisation that is:
(a) equivalent to or higher than a position occupied by an SES employee; or
(b) known as Coordinator.
"serious crime" means conduct that, if engaged in within, or in connection with, Australia, would constitute an offence against the law of the Commonwealth, a State or a Territory punishable by imprisonment for a period exceeding 12 months.
"special intelligence conduct" means conduct for or in relation to which a person would, but for section 35K, be subject to civil or criminal liability under a law of the Commonwealth, a State or a Territory.
"special intelligence function" means a function of the Organisation under paragraph 17(1)(a), (b), (e) or (f).
"special intelligence operation" is an operation:
(a) in relation to which a special intelligence operation authority has been granted; and
(b) that is carried out for a purpose relevant to the performance of one or more special intelligence functions; and
(c) that may involve an ASIO employee or an ASIO affiliate in special intelligence conduct.
"special intelligence operation authority" means an authority to conduct a special intelligence operation granted under section 35C.
"staff member" of a body (however described) includes:
(a) the head (however described) of the body, or another person who holds an office or appointment in relation to the body; and
(b) a person who is otherwise a member of the staff of the body (whether an employee of the body, a consultant or contractor to the body, or a person who is made available by an authority of the Commonwealth, an authority of a State, or other person, to perform services for the body).
"State" includes the Australian Capital Territory and the Northern Territory.
"strip search" means a search of a person or of articles on his or her person that may include:
(a) requiring the person to remove all of his or her garments; and
(b) an examination of the person's body (but not of the person's body cavities) and of those garments.
"Territory" does not include the Australian Capital Territory or the Northern Territory.
"violence" includes the kidnapping or detention of a person.