Commonwealth Consolidated Acts

INTELLIGENCE SERVICES ACT 2001 - SECT 13B

When an activity may be undertaken in relation to ASIO

  (1)   Subject to section   13D, ASIS may undertake an activity, or a series of activities, if:

  (a)   the activity or series of activities will be undertaken for the specific purpose, or for purposes which include the specific purpose, of producing intelligence on an Australian person or a class of Australian persons; and

  (c)   the activity or series of activities will be undertaken to support ASIO in the performance of its functions; and

  (d)   either:

  (i)   the Director - General of Security; or

  (ii)   a person who is authorised under section   13C for the purposes of this subparagraph;

    has, in writing, notified ASIS that ASIO requires the production of intelligence on the Australian person or class of Australian persons.

  (2)   The undertaking of an activity or series of activities under subsection   (1) is subject to any conditions specified in the notice under paragraph   (1)(d).

When ASIO notice is not required--particular activity outside Australia

  (3)   Paragraph   (1)(d) does not apply in relation to the undertaking of a particular activity in relation to a particular Australian person if:

  (a)   the activity will be undertaken outside Australia; and

  (b)   a staff member of ASIS who:

  (i)   is authorised under subsection   (7); and

  (ii)   will be undertaking the activity;

    reasonably believes that it is not practicable in the circumstances for ASIO to notify ASIS in accordance with paragraph   (1)(d) before undertaking the activity.

  (4)   If ASIS undertakes an activity in accordance with subsection   (3), ASIS must, as soon as practicable, notify ASIO and the Inspector - General of Intelligence and Security, in writing, of the activity.

Effect of this section

  (5)   ASIS may undertake an activity or series of activities under subsection   (1) without an authorisation under section   9 for the activity or series of activities.

Incidental production of intelligence

  (6)   An activity, or a series of activities, does not cease to be undertaken:

  (a)   in accordance with this section; or

  (b)   for the specific purpose of supporting ASIO in the performance of its functions;

only because, in undertaking the activity or series of activities, ASIS also incidentally produces intelligence that relates to the involvement, or likely involvement, of an Australian person in one or more of the activities set out in subsection   9(1A).

Authorised staff members

  (7)   The Director - General of ASIS may authorise, in writing, a staff member of ASIS, or a class of such staff members, for the purposes of paragraph   (3)(a).

Instruments not legislative instruments

  (8)   The following are not legislative instruments:

  (a)   a notice under paragraph   (1)(d);

  (b)   a notice under subsection   (4);

  (c)   an authorisation made under subsection   (7).