National Security Legislation Amendment (Comprehensive Review and Other Measures No. 1) Act 2022 (31 of 2022)

Schedule 2   Authorisations relating to counter-terrorism

Intelligence Services Act 2001

3   After subsection 9(1A)

Insert:

(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:

(a) be satisfied that the class of Australian persons mentioned in that subparagraph is, or is likely to be, involved with a listed terrorist organisation; and

(b) obtain the agreement (orally or in writing, but subject to subsection (1AA)) of the Attorney-General.

(1AAB) Without limiting the circumstances in which a person is involved with a listed terrorist organisation, a person is taken to be involved with a listed terrorist organisation if the person:

(a) directs, or participates in, the activities of the organisation; or

(b) recruits a person to join, or participate in the activities of, the organisation; or

(c) provides training to, receives training from, or participates in training with, the organisation; or

(d) is a member of the organisation (within the meaning of subsection 102.1(1) of the Criminal Code); or

(e) provides financial or other support to the organisation; or

(f) advocates for, or on behalf of, the organisation.