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Intelligence Services Bill 2001

Part 1 Preliminary

   

1   Short title

                   This Act may be cited as the Intelligence Services Act 2001.

2   Commencement

                   This Act commences 28 days after the day on which it receives the Royal Assent.

3   Definitions

                   In this Act, unless the contrary intention appears:

agency means ASIS or DSD.

agency head means:

                     (a)  in relation to ASIS—the Director-General; and

                     (b)  in relation to DSD—the Director.

ASIO means the Australian Security Intelligence Organisation.

ASIS means the Australian Secret Intelligence Service.

Australia , when used in a geographical sense, includes the external Territories.

Australian person means a person who is:

                     (a)  an Australian citizen; or

                     (b)  a permanent resident.

Chair means the Chair of the Committee.

Committee means the Parliamentary Joint Committee on ASIO, ASIS and DSD.

Commonwealth authority includes:

                     (a)  an Agency within the meaning of the Public Service Act 1999 ; and

                     (b)  a Department within the meaning of the Parliamentary Service Act 1999 ; and

                     (c)  the Defence Force; and

                     (d)  a body (whether incorporated or not) established, or continued in existence, for a public purpose by or under a law of the Commonwealth; and

                     (e)  a body corporate in which the Commonwealth or a body referred to in paragraph (d) has a controlling interest.

court includes a tribunal, authority or person that has power to require the production of documents or the answering of questions.

Director means the Director of DSD.

Director-General means the Director-General of ASIS.

Director-General of Security means the Director-General of Security holding office under the Australian Security Intelligence Organisation Act 1979 .

DSD means that part of the Department of Defence known as the Defence Signals Directorate.

Inspector-General of Intelligence and Security means the Inspector-General of Intelligence and Security appointed under the Inspector-General of Intelligence and Security Act 1986 .

intelligence information means information obtained by ASIS under paragraph 6(1)(a), or by DSD under paragraph 7(a).

member means a member of the Committee, and includes the Chair.

paramilitary activities means activities involving the use of an armed unit (or other armed group) that is not part of a country’s official defence or law enforcement forces.

permanent resident has the same meaning as in section 4 of the Australian Security Intelligence Organisation Act 1979 .

police functions means:

                     (a)  the arrest, charging or detention of suspected offenders; or

                     (b)  any other activity undertaken for the purposes of prosecuting, or for determining whether to prosecute, an offence.

responsible Minister means:

                     (a)  in relation to ASIO—the Minister responsible for ASIO; and

                     (b)  in relation to ASIS—the Minister responsible for ASIS; and

                     (c)  in relation to DSD—the Minister responsible for DSD.

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.

staff member means:

                     (a)  in relation to ASIO—a member of the staff of ASIO (whether an officer or employee of ASIO, or a person who is made available by another Commonwealth or State authority or other person to perform services for ASIO ) ; and

                     (b)  in relation to ASIS—a member of the staff of ASIS (whether an employee of ASIS, a consultant to ASIS, or a person who is made available by another Commonwealth or State authority or other person to perform services for ASIS); and

                     (c)  in relation to DSD—a member of the staff of DSD (whether an employee of DSD, a consultant to DSD, or a person who is made available by another Commonwealth or State authority or other person to perform services for DSD).

State authority includes:

                     (a)  a Department of State of a State or Territory or a Department of the Public Service of a State or Territory; and

                     (b)  a body (whether incorporated or not) established, or continued in existence, for a public purpose by or under a law of a State or Territory; and

                     (c)  a body corporate in which a State, Territory or a body referred to in paragraph (b) has a controlling interest.

4   Extension to external Territories

                   This Act extends to every external Territory.

5   Application of Criminal Code

             (1)  Chapter 2 of the Criminal Code applies to all offences against this Act.

Note:          Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

             (2)  Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to all offences against this Act.