Intelligence Services Act 2001

The functions of ASIS are:

to obtain, in accordance with the Government’s requirements, intelligence about the capabilities, intentions or activities of people or organisations outside Australia; and

to communicate, in accordance with the Government’s requirements, such intelligence; and

to provide assistance to the Defence Force in support of military operations and to cooperate with the Defence Force on intelligence matters; and

to conduct counter‑intelligence activities; and

to liaise with intelligence or security services, or other authorities, of other countries; and

to cooperate with and assist bodies referred to in section 13A in accordance with that section; and

to undertake activities in accordance with section 13B; and

to undertake the following other activities relating to the capabilities, intentions or activities of people or organisations outside Australia:

such activities of a general or specific nature as the responsible Minister directs;

activities included in such a class or classes of activity or activities as the responsible Minister directs.

Without limiting subparagraph (1)(e)(i), a direction given under that subparagraph may specify the purpose or purposes for which an activity or activities are to be undertaken.

Without limiting subparagraph (1)(e)(ii), a direction given under that subparagraph may specify the purpose or purposes for which a class or classes of activity or activities are to be undertaken.

The responsible Minister may give a direction under subparagraph (1)(e)(i) or (ii) only if the Minister:

has consulted other Ministers who have related responsibilities; and

is satisfied that there are satisfactory arrangements in place to ensure that, in carrying out the direction, nothing will be done beyond what is necessary having regard to the purposes for which the direction is given; and

is satisfied that there are satisfactory arrangements in place to ensure that the nature and consequences of acts done in carrying out the direction will be reasonable having regard to the purposes for which the direction is given.

A direction under subparagraph (1)(e)(i) or (ii) must be in writing.

If the Minister gives a direction under subparagraph (1)(e)(i) or (ii), the Minister must give a copy of the direction to the Inspector‑General of Intelligence and Security as soon as practicable after the direction is given to the head of ASIS (see section 32B of the Inspector‑General of Intelligence and Security Act 1986).

A direction under subparagraph (1)(e)(i) or (ii) is not a legislative instrument.

In performing its functions, ASIS must not plan for, or undertake, activities that involve:

paramilitary activities; or

violence against the person; or

the use of weapons;

This subsection does not prevent ASIS from being involved with the planning or undertaking of activities covered by paragraphs (a) to (c) by other organisations provided that staff members or agents of ASIS do not undertake those activities.

For other limits on the agency’s functions and activities see sections 11 and 12.

For paramilitary activities see section 3.

Subsection (4) does not prevent:

the provision of weapons, or training in the use of weapons or in self‑defence techniques, in accordance with Schedule 2; or

the use of weapons or self‑defence techniques in accordance with Schedule 2.

Subsection (4) does not prevent:

the provision of weapons, or training in the use of force (including in the use of weapons) against a person, in accordance with Schedule 3, for the purposes of activities undertaken by ASIS outside Australia; or

the use of force against a person (including the use of weapons), in accordance with Schedule 3, in the course of activities undertaken by ASIS outside Australia; or

the threat of the use of force against a person (including the threat of the use of weapons), in accordance with Schedule 3, in the course of activities undertaken by ASIS outside Australia.

Nothing in subsection (5) or (5A) permits conduct by a person (the actor) that:

would constitute torture; or

would subject a person to cruel, inhuman or degrading treatment; or

would involve the commission of a sexual offence against any person; or

is likely to cause the death of, or grievous bodily harm to, a person, unless the actor believes on reasonable grounds that the conduct is necessary to protect life or to prevent serious injury to another person (including the actor).

Nothing in subsection (5) or Schedule 2 limits the operation of subsection (5A) or Schedule 3.

Nothing in subsection (5A) or Schedule 3 limits the operation of subsection (5) or Schedule 2.

ASIS must not:

provide weapons; or

provide training in the use of weapons; or

provide training in the use of force, or the threat of the use of force, against a person; or

provide training in the use of self‑defence techniques;

In performing its functions, ASIS is not prevented from providing assistance to Commonwealth authorities and to State authorities.