Intelligence Services Act 2001

The functions of AGO are:

to obtain geospatial, hydrographic, meteorological, oceanographic and imagery intelligence about the capabilities, intentions or activities of people or organisations outside Australia from the electromagnetic spectrum or other sources, for the purposes of meeting the requirements of the Government for such intelligence; and

to obtain geospatial, hydrographic, meteorological, oceanographic and imagery intelligence from the electromagnetic spectrum or other sources for the purposes of meeting the operational, targeting, training and exercise requirements of the Defence Force; and

to obtain geospatial, hydrographic, meteorological, oceanographic and imagery intelligence from the electromagnetic spectrum or other sources for the purposes of supporting Commonwealth authorities and State authorities in carrying out national security functions; and

to communicate, in accordance with the Government’s requirements, intelligence referred to in paragraph (a), (b) or (c); and

to provide the following to persons and bodies mentioned in subsection (2):

imagery and other geospatial, hydrographic, meteorological and oceanographic products, not being intelligence obtained under paragraph (a), (b) or (c) of this subsection;

assistance in relation to the production and use of imagery and other geospatial, hydrographic, meteorological and oceanographic products;

assistance in relation to the production and use of imagery technologies and other geospatial, hydrographic, meteorological and oceanographic technologies; and

to provide to any persons or bodies (including Commonwealth authorities and State authorities) assistance in relation to the performance by the persons or bodies of emergency response functions, safety functions, scientific research functions, economic development functions, cultural functions and environmental protection functions, if:

the provision of the assistance is incidental to the performance by AGO of its other functions; or

the assistance is capable of being conveniently provided by the use of resources that are not immediately required in performing AGO’s other functions; or

the assistance is capable of being conveniently provided in the course of performing AGO’s other functions; and

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

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

the functions mentioned in subsection 223(2) of the Navigation Act 2012 (to the extent they are not covered by another paragraph of this subsection).

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

Subsection 223(2) of the Navigation Act 2012 deals with the functions of the Australian Hydrographic Office, which is part of AGO (see subsection (3) of this section).

Paragraph (1)(e) applies to providing imagery and other products, or assistance in relation to imagery and other products or technologies, to the following:

a Commonwealth authority;

a State authority of a Territory;

a foreign person or entity;

any other person or body (including a State authority of a State) if:

the imagery and other products or technologies are for use in, or incidental to, trade and commerce with other countries, among the States, between Territories or between a Territory and a State, or are for use outside Australia; or

the imagery and other products or assistance are provided by way of postal, telegraphic, telephonic or other like services.

For State authority, see section 3.

The Australian Hydrographic Office mentioned in section 223 of the Navigation Act 2012 is part of the AGO.

AGO may, on behalf of the Commonwealth, charge a fee in relation to anything done in performing AGO’s functions under paragraph (1)(e), (ea) or (h).

A fee must not be such as to amount to taxation.