Intelligence Services Act 2001

The responsible Minister in relation to ASIS, the responsible Minister in relation to AGO and the responsible Minister in relation to ASD, must make written rules regulating the communication and retention by the relevant agency of intelligence information concerning Australian persons.

The agencies must not communicate intelligence information concerning Australian persons, except in accordance with the rules.

In making the rules, the Minister must have regard to the need to ensure that the privacy of Australian persons is preserved as far as is consistent with the proper performance by the agencies of their functions.

For Australian person see section 3.

Before making the rules, the Minister must consult with:

in the case of ASIS—the Director‑General of ASIS; and

in the case of AGO—the Director of AGO; and

in the case of ASD—the Director‑General of ASD; and

in any case—the Inspector‑General of Intelligence and Security and the Attorney‑General.

For the purpose of consultations under paragraph (3)(c), the Minister must provide a copy of the rules the Minister is proposing to make to the Inspector‑General of Intelligence and Security and to the Attorney‑General.

The Minister must ensure that the rules are published on the relevant agency’s website as soon as practicable after the rules are made, except to the extent that the rules contain:

operationally sensitive information (within the meaning of Schedule 1); or

information that would or might prejudice:

Australia’s national security or the conduct of Australia’s foreign relations; or

the performance by the relevant agency of its functions.

The Inspector‑General of Intelligence and Security must brief the Committee on the content and effect of the rules if:

the Committee requests the Inspector‑General of Intelligence and Security to do so; or

the rules change.

For Committee see section 3.

Rules made under subsection (1) are not legislative instruments.