National Security Legislation Amendment Act (No. 1) 2014 (108 of 2014)

Schedule 3   Protection for special intelligence operations

Australian Security Intelligence Organisation Act 1979

1   Section 4

Insert:

engage in conduct has the same meaning as in the Criminal Code.

IGIS official (short for Inspector-General of Intelligence and Security official) means:

(a) the Inspector-General of Intelligence and Security; or

(b) a member of the staff referred to in subsection 32(1) of the Inspector-General of Intelligence and Security Act 1986.

participant in a special intelligence operation means a person who is authorised under Division 4 of Part III to engage in special intelligence conduct for the purposes of the special intelligence operation.

special intelligence conduct means conduct for or in relation to which a person would, but for section 35K, be subject to civil or criminal liability under a law of the Commonwealth, a State or a Territory.

special intelligence function means a function of the Organisation under paragraph 17(1)(a), (b), (e) or (f).

special intelligence operation is an operation:

(a) in relation to which a special intelligence operation authority has been granted; and

(b) that is carried out for a purpose relevant to the performance of one or more special intelligence functions; and

(c) that may involve an ASIO employee or an ASIO affiliate in special intelligence conduct.

special intelligence operation authority means an authority to conduct a special intelligence operation granted under section 35C.