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

Schedule 5   ASIS cooperating with ASIO

Intelligence Services Act 2001

2   Subsection 13B(3)

Repeal the subsection (including the heading), substitute:

When ASIO notice is not required - particular activity outside Australia

(3) Paragraph (1)(d) does not apply in relation to the undertaking of a particular activity in relation to a particular Australian person if:

(a) the activity will be undertaken outside Australia; and

(b) a staff member of ASIS who:

(i) is authorised under subsection (7); and

(ii) will be undertaking the activity;

reasonably believes that it is not practicable in the circumstances for ASIO to notify ASIS in accordance with paragraph (1)(d) before undertaking the activity.