House of Representatives

Revised Explanatory Memorandum

(Circulated by authority of the Attorney-General, the Honourable Philip Ruddock MP)

Schedule 2 - Australian Security Intelligence Organisation Act 1979

1 At the end of subsection 18(3)

56. Item 1 is a consequential amendment to subsection 18(3) of the Australian Security Intelligence Organisation Act 1979 .

57. Section 18 of the ASIO Act is a secrecy provision which limits the communication of intelligence on behalf of ASIO to the Director-General of ASIO or a person acting within the limits of authority conferred on the person by the Director-General.

58. Subsection 18(3) of the ASIO Act provides for circumstances where the Director-General or a person authorised by the Director-General may communicate information that has come into the possession of ASIO in the course of performing its functions under section 17 of the ASIO Act. Communications under this subsection are limited to information in relation to the commission of an indictable offence in Australia, or to information that has come into the possession of ASIO outside Australia or concerns matters outside Australia.

59. Section 18 of the ASIO Act is a designated secrecy provision (as defined in subclause 80P(7) of the Bill). Item 1 is necessary to enable ASIO to disclose information where an emergency is declared under Schedule 1 of the Bill. Relevant information could then be disclosed if authorised in those circumstances by the Director-General or by a person authorised by the Director-General for that purpose.

60. This item ensures consistency with the operation of similar secrecy provisions in legislation governing other intelligence agencies, in the circumstance where an emergency declaration is made under the Bill.