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Schedule 2—Australians or permanent residents acting for, or on behalf of, a foreign power

Schedule 2 Australians or permanent residents acting for, or on behalf of, a foreign power

   

Australian Security Intelligence Organisation Act 1979

1  At the end of subsection 27A(9)

Add “, unless the Director-General reasonably suspects that the person is acting for, or on behalf of, a foreign power”.

2  After subsection 27A(9)

Insert:

          (9A)  If the Director-General of Security requests the issue of a warrant under this section for the purpose of collecting information concerning a person who is an Australian citizen or permanent resident (see subsection (9)), then:

                     (a)  the Director-General must include details in the request about the grounds on which the Director-General suspects that the person is acting for, or on behalf of, a foreign power; and

                     (b)  the Attorney-General must not issue the warrant unless the Attorney-General is satisfied that the person is, or is reasonably suspected by the Director-General of, acting for, or on behalf of, a foreign power.

Telecommunications (Interception and Access) Act 1979

3  Subsection 5(1)

Insert:

foreign power has the same meaning as in the Australian Security Intelligence Organisation Act 1979 .

4  After subsection 11A(2) (before the note)

Insert:

             (3)  If the Director-General of Security requests the issue of a warrant under this section for the purpose of collecting information concerning a person who is an Australian citizen or permanent resident (see subsection 11D(5)), then:

                     (a)  the Director-General must include details in the request about the grounds on which the Director-General suspects that the person is acting for, or on behalf of, a foreign power; and

                     (b)  the Attorney-General must not issue the warrant unless the Attorney-General is satisfied that the person is, or is reasonably suspected by the Director-General of, acting for, or on behalf of, a foreign power.

5  After subsection 11B(3) (before the note)

Insert:

             (4)  If the Director-General of Security requests the issue of a warrant under this section for the purpose of collecting information concerning a person who is an Australian citizen or permanent resident (see subsection 11D(5)), then:

                     (a)  the Director-General must include details in the request about the grounds on which the Director-General suspects that the person is acting for, or on behalf of, a foreign power; and

                     (b)  the Attorney-General must not issue the warrant unless the Attorney-General is satisfied that the person is, or is reasonably suspected by the Director-General of, acting for, or on behalf of, a foreign power.

6  After subsection 11C(3)

Insert:

          (3A)  If the Director-General of Security requests the issue of a warrant under this section for the purpose of collecting information concerning a person who is an Australian citizen or permanent resident (see subsection 11D(5)), then:

                     (a)  the Director-General must include details in the request about the grounds on which the Director-General suspects that the person is acting for, or on behalf of, a foreign power; and

                     (b)  the Attorney-General must not issue the warrant unless the Attorney-General is satisfied that the person is, or is reasonably suspected by the Director-General of, acting for, or on behalf of, a foreign power.

7  At the end of subsection 11D(5)

Add “, unless the Director-General reasonably suspects that the person is acting for, or on behalf of, a foreign power”.

8  Paragraphs 63AB(2)(e) and 63AC(2)(e)

Omit “(within the meaning of the Australian Security Intelligence Organisation Act 1979 )”.

9  Application of amendments

The amendments made by this Schedule apply in relation to applications made after the commencement of this Schedule for the issue of a warrant.