Commonwealth Consolidated Acts Commonwealth Consolidated ActsNote: See section 6.
1 Provision of weapons, training etc.
(1) The provision of a weapon, or training in the use of force (including in the use of a weapon), for the purposes of activities undertaken by ASIS outside Australia is not prevented by subsection 6(4) if it is provided:
(a) to a person who is a staff member or agent of ASIS; and
(b) for the purpose of preventing, mitigating or removing:
(i) a significant risk to a person's safety; or
(ii) a significant threat to security (within the meaning of paragraphs (a) and (aa) of the definition of security in section 4 of the Australian Security Intelligence Organisation Act 1979 ); or
(iii) a significant risk to the operational security of ASIS from interference by a foreign person or entity; and
(c) in accordance with a Ministerial approval given under paragraph (3)(a).
(2) The use of force (including the use of a weapon) against a person, or the threat of the use of force (including the use of a weapon) against a person, in the course of activities undertaken by ASIS outside Australia is not prevented by subsection 6(4) if:
(a) the conduct is by a staff member or agent of ASIS; and
(b) the conduct is for the purpose of preventing, mitigating or removing:
(i) a significant risk to a person's safety; or
(ii) a significant threat to security (within the meaning of paragraphs (a) and (aa) of the definition of security in section 4 of the Australian Security Intelligence Organisation Act 1979 ); or
(iii) a significant risk to the operational security of ASIS from interference by a foreign person or entity; and
(c) the conduct is in accordance with a Ministerial approval given under paragraph (3)(b); and
(d) guidelines have been issued by the Director - General of ASIS under clause 2; and
(e) the conduct is in compliance with those guidelines.
Minister's approval
(3) The Minister may approve:
(a) the provision of a weapon, or training in the use of force (including in the use of a weapon) to:
(i) a specified staff member or agent of ASIS; or
(ii) the holder of a specified position in ASIS;
for the purposes of specified activities undertaken by ASIS outside Australia; or
(b) the use of force, or the threat of the use of force, against a specified person, or a specified class of persons, by:
(i) a specified staff member or agent of ASIS; or
(ii) the holder of a specified position in ASIS;
in the course of specified activities undertaken by ASIS outside Australia.
(4) The Minister (the approving Minister ) must not give approval under paragraph (3)(b) unless:
(a) the approving Minister has consulted with:
(i) the Prime Minister; and
(ii) the Attorney - General; and
(iii) the Defence Minister; and
(iv) any other Minister who has responsibility for a matter that is likely to be significantly affected by an act that is to be approved; and
(b) the approving Minister is satisfied that:
(i) there are satisfactory arrangements in place to ensure that, in acting under the approval, nothing will be done beyond what is necessary having regard to the purposes for which the approval is given; and
(ii) there are satisfactory arrangements in place to ensure that the nature and consequences of acts done under the approval will be reasonable having regard to the purposes for which the approval is given.
(5) An approval under paragraph (3)(a) or (b) must be given by notice in writing to the Director - General of ASIS.
(6) The approval must specify:
(a) any conditions that must be complied with in relation to the conduct approved; and
(b) if the approval is for the provision of a weapon or training in the use of a weapon--the kind or class of weapon involved.
(7) The approval is not a legislative instrument.
(8) As soon as practicable after giving the Director - General of ASIS an approval under paragraph (3)(a) or (b), the Minister must give a copy of the approval to:
(a) the Inspector - General of Intelligence and Security; and
(b) if the approval is given under paragraph (3)(b)--the Prime Minister and each other Minister who was consulted about the approval under paragraph (4)(a).
Annual review of approvals
(9) As soon as practicable after each year ending on 30 June, the Minister must:
(a) consider whether the approvals in force under paragraphs (3)(a) and (b) at the end of the year are appropriate; and
(b) in relation to any approval that is no longer appropriate:
(i) amend the approval so that it is appropriate; or
(ii) revoke the approval.
(10) In considering whether an approval in force under paragraph (3)(b) at the end of a year is appropriate, the Minister must take into account whether the Minister is still satisfied of the matters mentioned in paragraph (4)(b).
(11) As soon as practicable after subclause (9) has been complied with:
(a) the Director - General of ASIS must give the Inspector - General of Intelligence and Security a report in writing outlining the action taken under subclause (9); and
(b) if any part of the report relates to an approval under paragraph (3)(b)--the Minister must give a copy of that part of the report to the Prime Minister and each other Minister who was consulted about the approval under paragraph (4)(a).
2 Guidelines for the purposes of this Schedule
(1) The Director - General of ASIS must issue guidelines for the purposes of this Schedule on matters related to:
(a) the use of force (including the use of weapons) against a person in the course of activities undertaken by ASIS outside Australia; and
(b) threats of the use of force (including the use of weapons) against a person in the course of activities undertaken by ASIS outside Australia.
(2) As soon as practicable after making or changing the guidelines, the Director - General of ASIS must give the Inspector - General of Intelligence and Security a copy of the guidelines.
(3) The Inspector - General of Intelligence and Security must brief the Committee on the content and effect of the guidelines if:
(a) the Committee requests the Inspector - General of Intelligence and Security to do so; or
(b) the guidelines change.
(4) Guidelines issued under subclause (1) are not legislative instruments.
3 Application of certain State and Territory laws
A person is not required under, or by reason of, a law of a State or Territory:
(a) to obtain or have a licence or permission for doing any act or thing in accordance with clause 1; or
(b) to register any weapon provided in accordance with clause 1.
4 Reports to Inspector - General of Intelligence and Security
(1) The Director - General of ASIS must give a report to the Inspector - General of Intelligence and Security if force, or the threat of force, is used by a staff member or agent of ASIS against a person for a purpose mentioned in paragraph 1(2)(b) in the course of activities undertaken by ASIS outside Australia.
(2) The report must:
(a) be given in writing as soon as practicable after the force or threat of force is used; and
(b) explain the circumstances in which the force or threat of force occurred.
(3) In this clause:
(a) the use of force includes but is not limited to the use of a weapon; and
(b) the threat of the use of force includes but is not limited to a threat that involves a weapon.