At present, paragraph 9(1A)(b) imposes a requirement that the agreement of the ASIO Minister be obtained if the Australian person or class of Australian persons is, or is likely to be, involved in an activity or activities that are, or are likely to be, a threat to security. As this amendment relates to circumstances in which ministerial authorisation need not be obtained, the requirement to obtain the agreement of the ASIO Minister would be inconsistent with the purpose of the amendment.

There are limited exceptions to this requirement, including where the IGIS is satisfied that the complainant became aware of the action more than 12 months before making the complaint, or that the complaint is vexatious, frivolous or otherwise not made in good faith. In such circumstances, the IGIS has discretion to not inquire into the complaint.

The exemptions from the Privacy Act are referenced from the Freedom of Information Act 1982 . AGO is not listed as an exempt agency, as it is not an independent statutory agencies-rather it is an entity that is part of the Department of Defence. AGO is exempt where the acts and practices that impact on privacy relate to is functions. This includes all operational documents. Accordingly, AGO is considered to be 'fully exempt'.

Commonwealth of Australia, 2017 Independent Intelligence Review, p. 36.

Commonwealth of Australia, Comprehensive Review of the Legal Framework of the National Intelligence Community, p. 39.

Wood Royal Commission into the New South Wales Police Service - Final Report Volume II : Reform , p. 412.

See section 85ZL of Part VIIC, Pardons, quashed convictions and spent convictions.

2017 Independent Intelligence Review, Paragraph 6.45.

Paragraph 9(1A)(b) imposes a requirement that the agreement of the Attorney-General be obtained if the person or class of persons is, or is likely to be, a threat to security. As the amendments relate to circumstances in which ministerial approval need not be obtained before the authorisation is made, the requirement that agreement of the Attorney-General be obtained in circumstances relating to threats to security would be inconsistent with the purpose of the amendment.

For clarity, in circumstances in which an Australian person has been taken hostage, it is intended that the conditions in paragraph 9(1A)(a) will be met in that the Australian person will be involved in an activity that presents a significant risk to the Australian person's safety.

2017 Independent Intelligence Review, Recommendation 16(e).

Comprehensive Review, Paragraph 15.91.

The exemptions from the Privacy Act are referenced from the Freedom of Information Act 1982 . AGO is not listed as an exempt agency, as it is not independent statutory agencies-rather AGO is part of the Department of Defence. AGO is exempt where the acts and practices that impact on privacy relate to its functions. This includes all operational documents. Accordingly, it is considered to be 'fully exempt'.

The exemptions from the Privacy Act are referenced from the Freedom of Information Act 1982 . DIO is not listed as an exempt agency, as it is not independent statutory agencies-rather DIO is part of the Department of Defence. DIO is exempt where the acts and practices that impact on privacy relate to its functions. This includes all operational documents. Accordingly, it is considered to be 'fully exempt'.

Parliament of the Commonwealth of Australia, Parliamentary Paper No. 92/1977, Royal Commission on Intelligence and Security, Third Report, Abridged Findings and Recommendations, pp. 1-2.