National Security Legislation Amendment (Comprehensive Review and Other Measures No. 3) Act 2024 (24 of 2024)

Schedule 3   Authorisations for intelligence activities

Part 1   Sequencing of ministerial authorisations and clarifying references to persons

Intelligence Services Act 2001

1   Subsections 9(1A) and (1AAA)

Repeal the subsections, substitute:

(1A) Before a Minister gives an authorisation for an activity, or a series of activities, of a kind mentioned in subparagraph 8(1)(a)(i), (ia), (ib) or (ii) (the relevant subparagraph ), the Minister must also be satisfied that the Australian person, or the class of Australian persons, mentioned in the relevant subparagraph is, or is likely to be, involved in one or more of the following activities:

(a) activities that present a significant risk to the safety of any person (including the Australian person or a member of the class of Australian persons mentioned in the relevant subparagraph);

(b) acting for, or on behalf of, a foreign power;

(c) activities that are, or are likely to be, a threat to security;

(d) activities that pose a risk, or are likely to pose a risk, to the operational security of ASIS;

(e) activities related to the proliferation of weapons of mass destruction or the movement of goods listed from time to time in the Defence and Strategic Goods List (within the meaning of regulation 13E of the Customs (Prohibited Exports) Regulations 1958);

(f) activities related to a contravention, or an alleged contravention, of a UN sanction enforcement law by any person (including the Australian person or a member of the class of Australian persons mentioned in the relevant subparagraph);

(g) committing a serious crime by moving money, goods or people;

(h) committing a serious crime by using or transferring intellectual property;

(i) committing a serious crime by transmitting data or signals by means of guided and/or unguided electromagnetic energy.

Note 1: For serious crime , see section 3.

Note 2: Certain authorisations referred to in this subsection cannot take effect unless the Minister has obtained the agreement of the Attorney-General (see subsection (1AAC)).

(1AAA) Before a Minister gives an authorisation for an activity, or a series of activities, of a kind mentioned in subparagraph 8(1)(a)(iaa), the Minister must also be satisfied that the class of Australian persons mentioned in that subparagraph is, or is likely to be, involved with a listed terrorist organisation.

Note: An authorisation referred to in this subsection cannot take effect unless the Minister has obtained the agreement of the Attorney-General (see subsection (1AAD)).