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

Schedule 4   Authorisations for producing intelligence on Australians

Intelligence Services Act 2001

3   After subsection 8(1)

Insert:

(1A) For the purposes of subparagraphs (1)(a)(i), (iaa) and (ia), an agency undertakes an activity, or a series of activities, for the specific purpose, or for purposes which include the specific purpose, of producing intelligence on an Australian person, or one or more members of a class of Australian persons, only if:

(a) the agency undertakes a prescribed activity to obtain that intelligence; or

(b) the agency expressly or impliedly requests an authority referred to in paragraph 13(1)(c) to undertake a prescribed activity to obtain that intelligence.

(1B) Prescribed activity means a covert and intrusive activity, or a series of covert and intrusive activities and, to avoid doubt, includes an activity, or a series of activities, that ASIO could not undertake in at least one State or Territory without it being authorised by warrant under:

(a) Division 2 of Part III of the Australian Security Intelligence Organisation Act 1979; or

(b) Part 2-2 of the Telecommunications (Interception and Access) Act 1979.