Commonwealth: Australian Security Intelligence Organisation Act 1979 (Cth)

Australian Security Intelligence Organisation Act 1979 No. 113, 1979 Compilation No. 79 Compilation date: 11 December 2024 Includes amendments: Act No. 115, 2024 About this compilation This compilation This is a compilation of the Australian Security Intelligence Organisation Act 1979 that shows the text of the law as amended and in force on 11 December 2024 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Part I—Preliminary 1 Short title 2 Commencement 3 Repeal 4 Definitions 4AA References to the Attorney‑General 4A Application of the Criminal Code 5 Extension of Act to external Territories 5A Copies of certain notices to be given to Inspector‑General 5B Substitution of references to the Attorney‑General Part II—The Organisation and the Director‑General 6 Continuance of Organisation 7 Director‑General 8 Control of Organisation 8A Guidelines 9 Term of office of Director‑General 10 Remuneration and allowances of Director‑General 11 Leave of absence 12 Resignation 13 Termination of appointment 14 Acting Director‑General 15 Appointment of a Judge as Director‑General 16 Delegation Part III—Functions and powers of Organisation Division 1—General 17 Functions of Organisation 17AA Fees for advice and other services 17A Act not concerned with lawful dissent etc. 18 Communication of intelligence etc. 18A Unauthorised dealing with records 18B Unauthorised recording of information or matter 18C Offences against section 18, 18A or 18B—general rules 18D Offences against section 18, 18A or 18B—IGIS officials 19 Co‑operation with other authorities in connection with performance of Organisation's functions 19A Co‑operation with intelligence and law enforcement agencies etc. in connection with performance of their functions 20 Special responsibility of Director‑General in relation to functions of Organisation 21 Leader of Opposition to be kept informed on security matters 21A Voluntary assistance provided to the Organisation Division 2—Special powers Subdivision A—Preliminary 22 Interpretation 23 Requesting information or documents from operators of aircraft or vessels 24 Exercise of authority under warrant etc. Subdivision B—Search warrants 25 Search warrants 25AA Conduct of ordinary or frisk search under search warrant Subdivision C—Computer access warrants 25A Computer access warrant Subdivision D—Use of surveillance devices 26 Issue of surveillance device warrants 26A Requirements for surveillance device warrants 26B What a surveillance device warrant authorises 26C Use etc. of listening device without warrant 26D Use etc. of optical surveillance device without warrant 26E Use etc. of tracking device without warrant or internal authorisation 26F Director‑General may determine that certain provisions do not apply to specified ASIO affiliates Subdivision DA—Use of tracking devices under internal authorisation 26G Use of tracking devices under internal authorisation 26H Requirements for internal authorisations 26J What an internal authorisation authorises 26K Certain acts not authorised 26L Recovery of tracking devices 26M Exercise of authority under internal authorisations 26N Variation of internal authorisations 26P Discontinuance of action before expiration of internal authorisation 26Q Register of internal authorisations 26R Issue of warrants for recovery of tracking devices Subdivision E—Inspection of postal and other articles 27 Inspection of postal articles 27AA Inspection of delivery service articles Subdivision F—Foreign intelligence 27A Warrants for the performance of functions under paragraph 17(1)(e) 27B Performance of other functions under paragraph 17(1)(e) Subdivision G—Identified person warrants 27C Issue of identified person warrants 27D Authority under identified person warrant—search of premises and persons 27E Authority under identified person warrant—computer access 27F Authority under identified person warrant—surveillance devices 27G Authority under identified person warrant—inspection of postal articles 27H Authority under identified person warrant—inspection of delivery articles 27J Authority under identified person warrants—general rules Subdivision H—General provisions relating to warrants and authorisations 28 Request for warrant to specify grounds 29 Issue of certain warrants by Director‑General in emergency 29A Variation of warrants issued under this Division 30 Discontinuance of action before expiration of warrant 31 Certain records obtained under a warrant to be destroyed 31A Notification requirements in relation to the use of force under warrant 32 Certain action in relation to requests and warrants 33 Relationship with other laws 34 Director‑General to report to Attorney‑General—general 34AAA Director‑General to report to Attorney‑General—concealment of access 34AAB Director‑General to report to Attorney‑General—internal authorisations to use tracking devices 34AAC Evidentiary certificates Subdivision J—Assistance relating to access to data 34AAD Person with knowledge of a computer or a data storage device to assist access to data Division 3—Compulsory questioning powers Subdivision A—General provisions 34A Definitions 34AA Meaning of minor's representative 34AB Meaning of questioning material and subject 34AC Meaning of resolved 34AD Prescribed authorities 34AE Status of prescribed authorities 34AF Written statement of procedures 34AG Humane treatment of subject of questioning warrant Subdivision B—Questioning warrants 34B Request for questioning warrant 34BA Test for issue of questioning warrant—persons who are at least 18 34BB Test for issue of questioning warrant—persons who are at least 14 34BC Warrant has no effect if person under 14 34BD What a questioning warrant authorises 34BE Other things that may be authorised in questioning warrant 34BF Requirements for questioning warrant 34BG Variation of questioning warrant 34BH Notification requirements in relation to questioning warrant Subdivision C—Apprehension and search powers etc. 34C Police officer may apprehend subject of questioning warrant in certain circumstances 34CA Entering premises to apprehend subject 34CB Communications while apprehended 34CC Power to conduct search of apprehended subject of questioning warrant 34CD Use of force in apprehending or searching subject 34CE Power to remove, retain and copy materials etc. Subdivision D—Matters relating to questioning under questioning warrants 34D Screening of persons 34DA Prohibition on possessing certain things during questioning 34DB Questioning under a questioning warrant 34DC Prescribed authority must explain certain matters 34DD Additional requirements for prescribed authorities in relation to minor questioning warrants 34DE Directions while subject is before prescribed authority for questioning 34DF Directions in relation to confidentiality 34DG Direction that persons under 14 not be questioned 34DH Other matters relating to the functions and powers of prescribed authorities 34DI Complaints while appearing before prescribed authority for questioning 34DJ Permitted questioning time 34DK Extra permitted questioning time if interpreter present 34DL Time that is not questioning time 34DM Suspension of questioning etc. in response to concern of Inspector‑General of Intelligence and Security 34DN Interpreter provided at request of prescribed authority 34DO Interpreter provided at request of subject 34DP Video recording of procedures Subdivision E—Particular uses or disclosures of questioning material and derivative material 34E Obtaining derivative material 34EA Disclosing questioning material to prosecutors of the subject 34EB Disclosing derivative material to prosecutors of the subject 34EC Court's powers to order disclosure and to ensure a fair trial 34ED Certain material may always be disclosed to prosecutors of the subject 34EE Other matters about prosecutors and subjects 34EF Proceeds of crime authorities and questioning under a questioning warrant Subdivision F—Lawyers and minor's representatives 34F Person specified in warrant may contact lawyer or minor's representative 34FA Questioning in absence of lawyer for subject 34FB Directions in relation to lawyers for subjects of adult questioning warrants 34FC Directions in relation to lawyers for subjects of minor questioning warrants 34FD Directions in relation to minor's representatives 34FE Lawyer may request copy of warrant 34FF Involvement of lawyers 34FG Conduct of minor's representatives 34FH Lawyers' access to information for proceedings relating to warrant 34FI Law relating to legal professional privilege not affected Subdivision G—Offences 34G Surrender of travel documents by person in relation to whom questioning warrant is sought 34GA Person in relation to whom questioning warrant is requested must not leave Australia without permission 34GB Surrender of travel documents by subject of questioning warrant 34GC Subject of questioning warrant must not leave Australia without permission 34GD Giving information and producing things etc. 34GE Offences of contravening safeguards 34GF Secrecy relating to warrants and questioning Subdivision H—Complaints, reporting and records 34H Complaints and information about contravention of procedural statement 34HA Providing reports to the Attorney‑General 34HB Providing information to the Inspector‑General 34HC Destruction of certain records obtained under warrant Subdivision I—Miscellaneous 34J Discontinuance of action before cessation of warrant 34JA Certain functions and powers not affected 34JB IGIS official may be present at questioning or apprehension 34JC Rules of Court about proceedings connected with warrants 34JD Jurisdiction of State and Territory courts excluded 34JE Financial assistance 34JF Cessation of effect of Division Division 4—Special intelligence operations 35A Relationship to other laws and matters 35B Applications for authorities to conduct special intelligence operations 35C Granting of special intelligence operation authorities 35D Contents of special intelligence operation authorities 35E Commencement and duration of special intelligence operation authorities 35F Variation of special intelligence operation authorities 35G Cancellation of special intelligence operation authorities 35H Effect of special intelligence operation authorities 35J Defect in a special intelligence operation authority 35K Immunity from liability for special intelligence conduct during special intelligence operations 35L Requirements for warrants etc. not affected 35M Effect of being unaware of variation or cancellation of special intelligence operation authority 35N Protection from criminal responsibility for certain ancillary conduct 35P Unauthorised disclosure of information 35PA Notifications by Director‑General 35Q Reports by the Director‑General 35R Evidence relating to granting of special intelligence operation authority Part IV—Security assessments Division 1—Preliminary 35 Interpretation 36AA Prescribing actions as prescribed administrative action 36 Part not to apply to certain assessments 36A Part not to apply to security vetting and security clearance related activities Division 2—Furnishing of security assessments 37 Security assessments 38 Person to be notified of assessment 39 Effect of preliminary advice by Organisation 40 Assessments and preliminary communications for State purposes 41 Notification of delayed security assessment 42 Protocol for dealing with delayed security assessments Division 4—Review of security assessments 54 Applications to Tribunal 61 Effect of findings 64 Restriction on further assessments after review 65 Reference of certain matters to Tribunal by Attorney‑General 81 Secrecy Part IVA—Security vetting and security clearance related activities Division 1—Preliminary 82 Purpose of this Part 82A Definitions 82B Simplified outline of this Part Division 2—Security vetting and security clearance related decisions 82C Security vetting and security clearance related activities 82D Director‑General's powers, functions and duties 82E Communications by Organisation to another Commonwealth security vetting agency 82F Communications by Organisation to State security vetting agency 82G Statement of grounds for prejudicial security clearance suitability assessments 82GA Notification of delayed security clearance decision or delayed security clearance suitability assessment 82GB Protocol for dealing with delayed security clearance decisions and delayed security clearance suitability assessments Division 3—Review of certain security clearance decisions and prejudicial security clearance suitability assessments Subdivision A—Internal review of certain security clearance decisions 82H Internally reviewable decisions 82J Notification of internally reviewable decision 82K Application for internal review of decision 82L Decision on internal review Subdivision B—Review by the Administrative Review Tribunal of certain security clearance decisions and security clearance suitability assessments 83 Externally reviewable decisions 83A Notification of prejudicial security clearance suitability assessment that is an externally reviewable decision 83B Applications to Administrative Review Tribunal 83C Statement of grounds for security clearance decision 83CA Access to security clearance standards 83D Effect of findings 83E Conclusive certificates Subdivision C—Review by an independent reviewer 83EA Independently reviewable decisions 83EB Application for independent review of decision 83EC Director‑General to provide information to independent reviewer 83ED Independent review of decision 83EE Director‑General's consideration of independent reviewer's opinion 83EF Attorney‑General may engage independent reviewers Division 4—Other matters relating to review by the Administrative Review Tribunal 83F Reference of certain matters to Administrative Review Tribunal by Attorney‑General Part V—ASIO employees etc. 84 Employees of the Organisation 85 Consultants and contractors 86 Secondment of ASIO employees 87 Secondment of persons to the Organisation 88 Applicability of principles of the Public Service Act 1999 89 Voluntary moves to APS 90 Regulations relating to employment of persons 91 Application of Crimes Act 92 Making public the identity of ASIO employees and ASIO affiliates 92A Disclosing the identity of ASIO employees and ASIO affiliates 92B Cover employment for ASIO employees and ASIO affiliates 92C Cover employment—determining a specified authority of the Commonwealth 92D Protection from criminal liability—third parties Part VI—Miscellaneous 93A Costs in certain ART reviews 93 Offences 94 Annual report 95 Regulations Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act relating to the Australian Security Intelligence Organisation Part I—Preliminary 1 Short title This Act may be cited as the Australian Security Intelligence Organisation Act 1979. 2 Commencement This Act shall come into operation on a date to be fixed by Proclamation. 3 Repeal The Australian Security Intelligence Organisation Act 1956 and the Australian Security Intelligence Organisation Act 1976 are repealed. 4 Definitions In this Act, unless the contrary intention appears: activities prejudicial to security includes any activities concerning which Australia has responsibilities to a foreign country as referred to in paragraph (b) of the definition of security in this section. acts of foreign interference means activities relating to Australia that are carried on by or on behalf of, are directed or subsidised by or are undertaken in active collaboration with, a foreign power, being activities that: (a) are clandestine or deceptive and: (i) are carried on for intelligence purposes; (ii) are carried on for the purpose of affecting political or governmental processes; or (iii) are otherwise detrimental to the interests of Australia; or (b) involve a threat to any person. AGO has the meaning given by the Intelligence Services Act 2001. ASD has the meaning given by the Intelligence Services Act 2001. ASIO affiliate means a person performing functions or services for the Organisation in accordance with a contract, agreement or other arrangement, and includes a person engaged under section 85 and a person performing services under an agreement under section 87, but does not include the Director‑General or an ASIO employee. ASIO employee means a person employed under section 84 or 90. ASIS has the meaning given by the Intelligence Services Act 2001. attacks on Australia's defence system means activities that are intended to, and are likely to, obstruct, hinder or interfere with the performance by the Defence Force of its functions or with the carrying out of other activities by or for the Commonwealth for the purposes of the defence or safety of the Commonwealth. Australia, when used in a geographical sense, includes the external Territories. Australian travel document has the same meaning as in the Australian Passports Act 2005. authority of a State: (a) in Part IV—has the meaning given by subsection 35(1); and (aa) in Part IVA—has the meaning given by section 82A; and (b) otherwise—includes: (i) a Department of State of a State, or a Department of the Public Service of a State; and (ii) a body, whether incorporated or not, established for public purposes by or under a law of a State; and (iii) a body corporate in which a State or a body referred to in subparagraph (ii) has a controlling interest. authority of the Commonwealth includes: (a) a Department of State or an Agency within the meaning of the Public Service Act 1999; (aa) a Department within the meaning of the Parliamentary Service Act 1999; (b) the Defence Force; (c) a body, whether incorporated or not, established for public purposes by or under a law of the Commonwealth or of a Territory; (d) the holder of an office established for public purposes by or under a law of the Commonwealth or of a Territory; (e) a prescribed body established in relation to public purposes that are of concern to the Commonwealth and any State or States; and (f) a body corporate in which the Commonwealth or a body referred to in paragraph (c) has a controlling interest. carriage service provider has the same meaning as in the Telecommunications Act 1997. carrier has the same meaning as in the Telecommunications Act 1997. certified copy means: (a) in relation to a warrant—a copy of the warrant that has been certified in writing by the Director‑General or a Deputy Director‑General to be a true copy of the warrant; or (b) in relation to an authorisation under section 27G—a copy of the authorisation that has been certified in writing by the Director‑General or a Deputy Director‑General to be a true copy of the authorisation; or (c) in relation to an instrument varying or revoking a warrant or an authorisation under section 27G—a copy of the instrument that has been certified in writing by the Director‑General or a Deputy Director‑General to be a true copy of the instrument. Committee on Intelligence and Security means the Parliamentary Joint Committee on Intelligence and Security established under the Intelligence Services Act 2001. Commonwealth agency means a Minister or an authority of the Commonwealth. computer means all or part of: (a) one or more computers; or (b) one or more computer systems; or (c) one or more computer networks; or (d) any combination of the above. data storage device means a thing (for example, a disk or file server) containing (whether temporarily or permanently), or designed to contain (whether temporarily or permanently), data for use by a computer. Defence Department means the Department of State that deals with defence and that is administered by the Minister administering section 1 of the Defence Act 1903. Defence Minister means the Minister administering section 1 of the Defence Act 1903. Deputy Director‑General means a person who holds, or is acting in, a position known as Deputy Director‑General of Security. Director‑General means the Director‑General of Security holding office under this Act. engage in conduct has the same meaning as in the Criminal Code. entrusted person means: (a) an ASIO employee; or (b) an ASIO affiliate; or (c) a person who has entered into a contract, agreement or arrangement with ASIO (other than as an ASIO affiliate). Foreign Affairs Minister means the Minister administering the Diplomatic Privileges and Immunities Act 1967. foreign intelligence means intelligence about the capabilities, intentions or activities of people or organisations outside Australia. foreign power means: (a) a foreign government; (b) an entity that is directed or controlled by a foreign government or governments; or (c) a foreign political organisation. frisk search means: (a) a search of a person conducted by quickly running the hands over the person's outer garments; and (b) an examination of anything worn or carried by the person that is conveniently and voluntarily removed by the person. IGIS official (short for Inspector‑General of Intelligence and Security official) means: (a) the Inspector‑General of Intelligence and Security; or (b) any other person covered by subsection 32(1) of the Inspector‑General of Intelligence and Security Act 1986. intelligence or security agency means any of the following: (a) the Australian Secret Intelligence Service; (aa) the Australian Signals Directorate; (b) the Office of National Intelligence; (c) that part of the Defence Department known as the Australian Geospatial‑Intelligence Organisation; (d) that part of the Defence Department known as the Defence Intelligence Organisation. intercept a communication passing over a telecommunications system has the same meaning as in the Telecommunications (Interception and Access) Act 1979. Judge means a Judge of a court created by the Parliament. law enforcement agency means an authority of the Commonwealth, or an authority of a State, that has functions relating to law enforcement. ONI means the Office of National Intelligence. ordinary search means a search of a person or of articles on his or her person that may include: (a) requiring the person to remove his or her overcoat, coat or jacket and any gloves, shoes and hat; and (b) an examination of those items. Organisation means the Australian Security Intelligence Organisation. participant in a special intelligence operation means a person who is authorised under Division 4 of Part III to engage in special intelligence conduct for the purposes of the special intelligence operation. permanent resident means a person: (a) in the case of a natural person: (i) who is not an Australian citizen; (ii) whose normal place of residence is situated in Australia; (iii) whose presence in Australia is not subject to any limitation as to time imposed by law; and (iv) who is not an unlawful non‑citizen within the meaning of the Migration Act 1958; or (b) in the case of a body corporate: (i) which is incorporated under a law in force in a State or Territory; and (ii) the activities of which are not controlled (whether directly or indirectly) by a foreign power. politically motivated violence means: (a) acts or threats of violence or unlawful harm that are intended or likely to achieve a political objective, whether in Australia or elsewhere, including acts or threats carried on for the purpose of influencing the policy or acts of a government, whether in Australia or elsewhere; or (b) acts that: (i) involve violence or are intended or are likely to involve or lead to violence (whether by the persons who carry on those acts or by other persons); and (ii) are directed to overthrowing or destroying, or assisting in the overthrow or destruction of, the government or the constitutional system of government of the Commonwealth or of a State or Territory; or (ba) acts that are offences punishable under Subdivision A of Division 72, or Part 5.3, of the Criminal Code; or (c) acts that are offences punishable under Division 119 of the Criminal Code, the Crimes (Hostages) Act 1989 or Division 1 of Part 2, or Part 3, of the Crimes (Ships and Fixed Platforms) Act 1992 or under Division 1 or 4 of Part 2 of the Crimes (Aviation) Act 1991; or (d) acts that: (i) are offences punishable under the Crimes (Internationally Protected Persons) Act 1976; or (ii) threaten or endanger any person or class of persons specified by the Minister for the purposes of this subparagraph by notice in writing given to the Director‑General. promotion of communal violence means activities that are directed to promoting violence between different groups of persons in the Australian community so as to endanger the peace, order or good government of the Commonwealth. retained data has the same meaning as in the Telecommunications (Interception and Access) Act 1979. security means: (a) the protection of, and of the people of, the Commonwealth and the several States and Territories from: (i) espionage; (ii) sabotage; (iii) politically motivated violence; (iv) promotion of communal violence; (v) attacks on Australia's defence system; or (vi) acts of foreign interference; whether directed from, or committed within, Australia or not; and (aa) the protection of Australia's territorial and border integrity from serious threats; and (b) the carrying out of Australia's responsibilities to any foreign country in relation to a matter mentioned in any of the subparagraphs of paragraph (a) or the matter mentioned in paragraph (aa). security clearance decision means a decision to do any of the following: (a) grant a security clearance to a person; (b) deny a security clearance in respect of a person; (c) impose, vary or remove conditions on a security clearance in respect of a person; (d) suspend a security clearance, or revoke a suspension of a security clearance, held by a person; (e) revoke a security clearance held by a person. Note: See also subsection 82L(4) in relation to a decision of an internal reviewer (within the meaning of Part IVA). security clearance suitability assessment means a statement in writing that: (a) is furnished by the Organisation; and (b) is about a person's suitability to hold a security clearance (with or without conditions imposed in respect of the security clearance) that has been, or may be, granted by another security vetting agency (within the meaning of Part IVA); and (c) expressly states that it is a security clearance suitability assessment for the purposes of paragraph 82C(1)(d). seizable item means anything that could present a danger to a person or that could be used to assist a person to escape from lawful custody. senior position‑holder means an ASIO employee, or an ASIO affiliate, who holds, or is acting in, a position in the Organisation that is: (a) equivalent to or higher than a position occupied by an SES employee; or (b) known as Coordinator. serious crime means conduct that, if engaged in within, or in connection with, Australia, would constitute an offence against the law of the Commonwealth, a State or a Territory punishable by imprisonment for a period exceeding 12 months. special intelligence conduct means conduct for or in relation to which a person would, but for section 35K, be subject to civil or criminal liability under a law of the Commonwealth, a State or a Territory. special intelligence function means a function of the Organisation under paragraph 17(1)(a), (b), (e) or (f). special intelligence operation is an operation: (a) in relation to which a special intelligence operation authority has been granted; and (b) that is carried out for a purpose relevant to the performance of one or more special intelligence functions; and (c) that may involve an ASIO employee or an ASIO affiliate in special intelligence conduct. special intelligence operation authority means an authority to conduct a special intelligence operation granted under section 35C. staff member of a body (however described) includes: (a) the head (however described) of the body, or another person who holds an office or appointment in relation to the body; and (b) a person who is otherwise a member of the staff of the body (whether an employee of the body, a consultant or contractor to the body, or a person who is made available by an authority of the Commonwealth, an authority of a State, or other person, to perform services for the body). State includes the Australian Capital Territory and the Northern Territory. strip search means a search of a person or of articles on his or her person that may include: (a) requiring the person to remove all of his or her garments; and (b) an examination of the person's body (but not of the person's body cavities) and of those garments. Territory does not include the Australian Capital Territory or the Northern Territory. violence includes the kidnapping or detention of a person. 4AA References to the Attorney‑General Despite subsection 19(1) of the Acts Interpretation Act 1901, a reference in this Act to the Attorney‑General is a reference only to the Minister with that title. Note: A reference in this Act to the Attorney‑General may include a reference to a person acting as the Attorney‑General: see subsection 19(4) of the Acts Interpretation Act 1901. 4A Application of the Criminal Code Chapter 2 of the Criminal Code (except Part 2.5) applies to all offences against this Act. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 5 Extension of Act to external Territories This Act extends to every external Territory. 5A Copies of certain notices to be given to Inspector‑General Where the Minister gives a notice in writing to the Director‑General for the purposes of subparagraph (d)(ii) of the definition of politically motivated violence in section 4, the Minister shall give a copy of the notice to the Inspector‑General of Intelligence and Security. 5B Substitution of references to the Attorney‑General Unless the Prime Minister is satisfied that exceptional circumstances exist, the Governor‑General must not make a substituted reference order under subsection 19B(2) of the Acts Interpretation Act 1901 that relates to a provision of this Act (other than section 34JE) that refers to the Attorney‑General. Part II—The Organisation and the Director‑General 6 Continuance of Organisation The Australian Security Intelligence Organisation, being the Organisation that was continued in existence by the Acts repealed by this Act, is continued in existence. 7 Director‑General (1) There shall be a Director‑General of Security, who shall be appointed by the Governor‑General and shall hold office, subject to this Act, on such terms and conditions as the Governor‑General determines. (2) Before a recommendation is made to the Governor‑General for the appointment of a person as Director‑General, the Prime Minister shall consult with the Leader of the Opposition in the House of Representatives. 8 Control of Organisation (1) The Organisation shall be under the control of the Director‑General. (2) Subject to subsections (4) and (5), in the performance of the Director‑General's functions under this Act, the Director‑General is subject to the directions of the Minister. (3) If the Director‑General requests that a direction of the Minister be put in writing, the Minister shall comply with the request. (4) The Minister is not empowered to override the opinion of the Director‑General concerning the nature of the advice that should be given by the Organisation. (5) The Minister is not empowered to override the opinion of the Director‑General: (a) on the question whether the collection of intelligence by the Organisation concerning a particular individual would, or would not, be justified by reason of its relevance to security; or (b) on the question whether a communication of intelligence concerning a particular individual would be for a purpose relevant to security; except by a direction contained in an instrument in writing that sets out the Minister's reasons for overriding the opinion of the Director‑General. (6) The Minister shall, as soon as practicable after giving a direction in writing to the Director‑General, cause a copy of the direction to be given to the Inspector‑General of Intelligence and Security and, if the direction relates to a question referred to in subsection (5), to the Prime Minister. (7) Where intelligence is collected or communicated pursuant to a direction referred to in subsection (5), the Director‑General shall cause a record in writing to be kept of the intelligence so collected or communicated. 8A Guidelines (1) The Minister may, from time to time, by written notice given to the Director‑General, give to the Director‑General guidelines to be observed: (a) in the performance by the Organisation of its functions or the exercise of its powers; or (b) in the exercise by the Director‑General of his or her powers under sections 84, 85, 86 and 87. (1A) Before making guidelines under subsection (1), the Minister must consult with the Attorney‑General. (2) The Minister shall, as soon as practicable after the commencement of this section, by notice in writing given to the Director‑General, give to the Director‑General guidelines to be observed in relation to the performance of that part of the Organisation's functions that relates to politically motivated violence, and may, from time to time, vary or replace guidelines so given. (2A) Before varying or replacing guidelines given under subsection (2), the Minister must consult with the Attorney‑General. (3) Subject to subsection (4), the Minister shall cause a copy of any guidelines given under subsection (1) or (2) to be laid before each House of the Parliament within 15 sitting days of that House after the guidelines were given. (4) Where the laying of a copy of guidelines before the Parliament in accordance with subsection (3) would result in the disclosure of information that would, in the opinion of the Minister, be contrary to the public interest by reason that it would prejudice security, the defence of the Commonwealth, the conduct of the Commonwealth's international affairs or the privacy of individuals, the Minister may cause a copy of the guidelines to be laid before each House of the Parliament with such deletions as the Minister thinks necessary to avoid that result or decline to cause a copy to be laid before each House of the Parliament. (5) The Minister shall, in accordance with arrangements made between the Minister and the Leader of the Opposition in the House of Representatives, make available to the Leader of the Opposition a copy of any guidelines given under subsection (1) or (2), but it is the duty of the Leader of the Opposition to treat as secret any part of those guidelines that has not been laid before a House of the Parliament. (6) The Minister shall, as soon as practicable after guidelines under subsection (1) or (2) are given to the Director‑General, give a copy of the guidelines to the Inspector‑General of Intelligence and Security and, unless the Minister considers it inappropriate to do so, to the Committee on Intelligence and Security. 9 Term of office of Director‑General (1) Subject to sections 12 and 13, the Director‑General holds office for such period, not exceeding 7 years, as is specified in his or her instrument of appointment, but is eligible for re‑appointment. 10 Remuneration and allowances of Director‑General (1) The Director‑General shall be paid such remuneration as is determined by the Remuneration Tribunal but, if no determination of that remuneration by the Tribunal is in operation, he or she shall be paid such remuneration as is prescribed. (2) The Director‑General shall be paid such allowances as are prescribed. (3) This section has effect subject to the Remuneration Tribunal Act 1973 and to section 15. 11 Leave of absence (1) The Director‑General has such recreation leave entitlements as are determined by the Remuneration Tribunal. (2) The Minister may grant the Director‑General leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Minister determines. 12 Resignation The Director‑General may resign from office by writing signed by the Director‑General and delivered to the Governor‑General. 13 Termination of appointment (1) The Governor‑General may terminate the appointment of the Director‑General by reason of physical or mental incapacity, misbehaviour or failure to comply with a provision of this Act. (2) If the Director‑General: (a) is absent from duty, except with leave of absence, for 14 consecutive days or for 28 days in any 12 months; or (b) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; the Governor‑General shall terminate his or her appointment. 14 Acting Director‑General (1) The Minister may appoint a person to act as Director‑General: (a) during a vacancy in the office of Director‑General; or (b) during any period, or during all periods, when the Director‑General is absent from duty or from Australia or is, for any reason, unable to perform the functions of his or her office; but a person appointed to act during a vacancy shall not continue so to act for more than 12 months. (2) Before a recommendation is made to the Minister for the appointment of a person, under subsection (1), to act as Director‑General, the Prime Minister shall consult with the Leader of the Opposition in the House of Representatives, unless it is impracticable to do so. (3) An appointment of a person under subsection (1) may be expressed to have effect only in such circumstances as are specified in the instrument of appointment. (4) The Minister may: (a) determine the terms and conditions of appointment, including remuneration and allowances, of a person acting as Director‑General; and (b) at any time terminate such an appointment. (5) Where a person is acting as Director‑General in accordance with paragraph (1)(b) and the office of Director‑General becomes vacant while that person is so acting, that person may continue so to act until the Minister otherwise directs, the vacancy is filled or a period of 12 months from the date on which the vacancy occurred expires, whichever first happens. (6) The appointment of a person to act as Director‑General ceases to have effect if the person resigns the appointment by writing signed by the person and delivered to the Minister. (7) While a person is acting as Director‑General, he or she has, and may exercise, all the powers and shall perform all the functions of the Director‑General. 15 Appointment of a Judge as Director‑General (1) The appointment of a Judge as Director‑General, or service of a Judge as Director‑General, does not affect the tenure of his or her office as a Judge or his or her rank, title, status, precedence, salary, annual or other allowances or other rights or privileges as the holder of his or her office as a Judge and, for all purposes, his or her service as Director‑General shall be taken to be service as the holder of his or her office as a Judge. (2) Subject to subsection (3), if the Director‑General is a Judge, he or she shall be paid salary at such rate (if any), and an annual allowance at such rate (if any), as are fixed from time to time by the Parliament. (3) If the Director‑General is a Judge, he or she is not, while he or she receives salary or annual allowance as a Judge, entitled to salary or annual allowance, as the case may be, under this Act, except to the extent (if any) that the salary or annual allowance that would be payable to him or her under this Act apart from this subsection exceeds the salary or annual allowance payable to him or her as a Judge. 16 Delegation (1) Subject to subsection 92C(8), the Director‑General may, by signed writing, delegate to a person any of the Director‑General's powers, functions or duties under or for the purposes of this Act that relate to: (a) the management of ASIO employees or ASIO affiliates; or (b) the financial management of the Organisation. Note: For further provisions relating to delegations, see sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901. (1A) The Director‑General may, by writing, delegate any or all of the Director‑General's functions or powers under section 21A to a senior position‑holder. (1B) Subject to subsection (1C), the Director‑General may, by writing, delegate any or all of the Director‑General's powers and functions under subsection 82D(1) to a person who is an ASIO employee or an ASIO affiliate. Note: Subsection 82D(1) provides that the Director‑General may, on behalf of the Organisation, exercise the powers or perform the functions of the Organisation under Part IVA. (1C) The Director‑General may delegate the power or function under subsection 82D(1) to: (a) make a security clearance decision under paragraph 82C(1)(b); or (b) furnish a security clearance suitability assessment under paragraph 82C(1)(d) that is a prejudicial security clearance suitability assessment (within the meaning of Part IVA); only to an ASIO employee, or an ASIO affiliate, who holds, or is acting in, a position in the Organisation that is equivalent to or higher than an Executive Level 1 position. Note: The Director‑General may, under subsection (1B), delegate the power or function under subsection 82D(1) to furnish a security clearance suitability assessment under paragraph 82C(1)(d) that is not a prejudicial security clearance suitability assessment. (2) In exercising powers, performing functions or discharging duties under a delegation, the delegate must comply with any written direction given by the Director‑General to the delegate. Part III—Functions and powers of Organisation Division 1—General 17 Functions of Organisation (1) The functions of the Organisation are: (a) to obtain, correlate and evaluate intelligence relevant to security; and (b) for purposes relevant to security, to communicate any such intelligence to such persons, and in such manner, as are appropriate to those purposes; and (c) to advise Ministers and authorities of the Commonwealth in respect of matters relating to security, in so far as those matters are relevant to their functions and responsibilities; and (ca) to furnish security assessments and make preliminary communications to a State or an authority of a State in accordance with paragraphs 40(1)(b) and (1A)(a); and (cb) to undertake security vetting and security clearance related activities in accordance with Part IVA; and (d) to advise Ministers, authorities of the Commonwealth and such other persons as the Minister, by notice in writing given to the Director‑General, determines on matters relating to protective security; and (e) to obtain within Australia foreign intelligence pursuant to section 27A or 27B of this Act or section 11A, 11B or 11C of the Telecommunications (Interception and Access) Act 1979, and to communicate any such intelligence in accordance with this Act or the Telecommunications (Interception and Access) Act 1979; and (f) to co‑operate with and assist bodies referred to in section 19A in accordance with that section. Note: The Organisation's function referred to in paragraph (cb) does not limit the capacity of any other authority of the Commonwealth to undertake the kinds of activities referred to in that paragraph. (2) It is not a function of the Organisation to carry out or enforce measures for security within an authority of the Commonwealth. 17AA Fees for advice and other services (1) The Director‑General may determine in writing that fees are payable by persons for the giving of advice or the provision of services by the Organisation to the persons at their request. (2) Unless the Director‑General determines otherwise, the Organisation may refuse to give the advice, or provide the service, to a person until the fee is paid in whole or part. If the whole or part of the fee is not paid before the advice is given or the service is provided, the amount concerned is a debt due to the Commonwealth and may be recovered by the Commonwealth in a court of competent jurisdiction. (3) The amount of the fee must not exceed the reasonable costs to the Organisation of giving the advice or providing the service. (4) The Director‑General may, on application in writing by a person who is or will be required to pay a fee, if the Director‑General considers it appropriate in the circumstances: (a) not require the person to pay any of the fee; or (b) require the person to pay only a specified part of the fee. 17A Act not concerned with lawful dissent etc. This Act shall not limit the right of persons to engage in lawful advocacy, protest or dissent and the exercise of that right shall not, by itself, be regarded as prejudicial to security, and the functions of the Organisation shall be construed accordingly. 18 Communication of intelligence etc. Who may communicate intelligence (1) The communication of intelligence on behalf of the Organisation shall be made only by the Director‑General or by a person acting within the limits of authority conferred on the person by the Director‑General. Offence for unauthorised communication of information or matter (2) A person commits an offence if: (a) the person makes a communication of any information or matter; and (b) the information or matter has come to the knowledge or into the possession of the person by reason of: (i) his or her being, or having been, an ASIO employee; or (ii) his or her being, or having been, an ASIO affiliate; or (iii) his or her having entered into a contract, agreement or arrangement with ASIO (otherwise than as an ASIO affiliate); and (c) the information or matter: (i) was acquired or prepared by or on behalf of the Organisation in connection with its functions; or (ii) relates to the performance by the Organisation of its functions; and (d) the communication was not made to the Director‑General, an ASIO employee or an ASIO affiliate: (i) by an ASIO employee, in the course of the ASIO employee's duties; or (ii) by an ASIO affiliate, in accordance with the contract, agreement or other arrangement under which the ASIO affiliate is performing functions or services for the Organisation; or (iii) by a person who has entered into a contract, agreement or arrangement with ASIO (otherwise than as an ASIO affiliate), in accordance with the contract, agreement or arrangement; and (e) the communication was not made by a person acting within the limits of authority conferred on the person by the Director‑General; and (f) the communication was not made with the approval of the Director‑General or of a person having the authority of the Director‑General to give such an approval. Penalty: Imprisonment for 10 years. Exception—information or matter lawfully available (2A) Subsection (2) does not apply to information or matter that has already been communicated or made available to the public with the authority of the Commonwealth. Note: A defendant bears an evidential burden in relation to the matter in subsection (2A) (see subsection 13.3(3) of the Criminal Code). Exception—IGIS officials (2B) Subsection (2) does not apply if the person communicates the information or matter to an IGIS official for the purpose of the IGIS official exercising a power, or performing a function or duty, as an IGIS official. Note: A defendant bears an evidential burden in relation to the matter in subsection (2B) (see subsection 13.3(3) of the Criminal Code). Communicating information to appropriate authorities of the Commonwealth or a State (3) A person referred to in subsection (1) may communicate information to a person referred to in subsection (4) if: (a) the information has come into the possession of the Organisation in the course of performing the Organisation's functions under section 17; and (b) either: (i) the information relates, or appears to relate, to the commission, or intended commission, of a serious crime; or (ii) the Director‑General, or a person authorised for the purpose by the Director‑General, is satisfied that the national interest requires the communication; and (c) the information relates, or appears to relate, to the performance of the functions, responsibilities or duties of the person referred to in subsection (4). Note: There are additional restrictions, in the Telecommunications (Interception and Access) Act 1979, on communicating telecommunications information. (4) The persons to whom information may be communicated under subsection (3) are the following: (a) a Minister; (b) a staff member of an authority of the Commonwealth; (c) a staff member of an authority of a State. Communicating information to ASIS, ASD and AGO (4A) A person referred to in subsection (1) may communicate information to a staff member of ASIS, ASD or AGO if: (a) the information has come into the possession of the Organisation in the course of performing the Organisation's functions under section 17; and (b) the information relates, or appears to relate, to the performance of ASIS, ASD or AGO's functions (as the case requires). Communicating information in relation to emergency declarations (4B) A person referred to in subsection (1) may communicate information, in accordance with Part VIA of the Privacy Act 1988, if: (a) the information has come into the possession of the Organisation in the course of performing its functions under section 17; and (b) an emergency declaration (within the meaning of section 80G of that Act) is in force. Communicating information to the Australian Designated Authority etc. (5) A person referred to in subsection (1) may communicate information to: (a) the Australian Designated Authority (within the meaning of Schedule 1 to the Telecommunications (Interception and Access) Act 1979); or (b) an APS employee in the Attorney‑General's Department (within the meaning of that Schedule); for the purpose of the Australian Designated Authority exercising a power, or performing a function, under that Schedule. 18A Unauthorised dealing with records Offence for unauthorised dealing with records (1) A person commits an offence if: (a) the person is, or has been, an entrusted person; and (b) the person has obtained a record in the person's capacity as an entrusted person; and (c) the record: (i) was acquired or prepared by or on behalf of the Organisation in connection with its functions; or (ii) relates to the performance by the Organisation of its functions; and (d) the person engages in any of the following conduct (the relevant conduct): (i) copying the record; (ii) transcribing the record; (iii) retaining the record; (iv) removing the record; (v) dealing with the record in any other manner; and (e) the relevant conduct was not engaged in by the person: (i) as an ASIO employee in the course of the person's duties as an ASIO employee; or (ii) as an ASIO affiliate in accordance with the contract, agreement or other arrangement under which the person is performing functions or services for the Organisation; or (iii) in accordance with a contract, agreement or arrangement the person has entered into with ASIO (other than as an ASIO affiliate); or (iv) acting within the limits of authority conferred on the person by the Director‑General; or (v) with the approval of the Director‑General, or of a person having the authority of the Director‑General to give such an approval. Penalty: Imprisonment for 3 years. Exception—record lawfully available (2) Subsection (1) does not apply to a record that has already been communicated or made available to the public with the authority of the Commonwealth. Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code). Exception—IGIS officials (2A) Subsection (1) does not apply if the person deals with the record for the purpose of an IGIS official exercising a power, or performing a function or duty, as an IGIS official. Note: A defendant bears an evidential burden in relation to the matter in subsection (2A) (see subsection 13.3(3) of the Criminal Code). Alternative verdict (3) Subsection (4) applies if, in a prosecution for an offence (the prosecuted offence) against subsection (1), the trier of fact: (a) is not satisfied that the defendant is guilty of the prosecuted offence; but (b) is satisfied beyond reasonable doubt that the defendant is guilty of an offence against subsection 18B(1) (the alternative offence). (4) The trier of fact may find the defendant not guilty of the prosecuted offence but guilty of the alternative offence, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt. Definitions (5) In this section: record means a document, or any other object by which words, images, sounds or signals are recorded or stored or from which information can be obtained, and includes part of a record. Note: For the definition of document, see section 2B of the Acts Interpretation Act 1901. signals includes electromagnetic emissions. 18B Unauthorised recording of information or matter (1) A person commits an offence if: (a) the person is, or has been, an entrusted person; and (b) information or matter has come to the knowledge or into the possession of the person in the person's capacity as an entrusted person; and (c) the information or matter: (i) was acquired or prepared by or on behalf of the Organisation in connection with its functions; or (ii) relates to the performance by the Organisation of its functions; and (d) the person makes a record of the information or matter; and (e) the record is not made by the person: (i) as an ASIO employee in the course of the person's duties as an ASIO employee; or (ii) as an ASIO affiliate in accordance with the contract, agreement or other arrangement under which the person is performing functions or services for the Organisation; or (iii) in accordance with a contract, agreement or arrangement the person has entered into with ASIO (other than as an ASIO affiliate); or (iv) acting within the limits of authority conferred on the person by the Director‑General; or (v) with the approval of the Director‑General, or of a person having the authority of the Director‑General to give such an approval. Penalty: Imprisonment for 3 years. Exception—information or matter lawfully available (2) Subsection (1) does not apply to information or matter that has already been communicated or made available to the public with the authority of the Commonwealth. Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code). Exception—IGIS officials (2A) Subsection (1) does not apply if the person makes the record for the purpose of an IGIS official exercising a power, or performing a function or duty, as an IGIS official. Note: A defendant bears an evidential burden in relation to the matter in subsection (2A) (see subsection 13.3(3) of the Criminal Code). Alternative verdict (3) Subsection (4) applies if, in a prosecution for an offence (the prosecuted offence) against subsection (1), the trier of fact: (a) is not satisfied that the defendant is guilty of the prosecuted offence; but (b) is satisfied beyond reasonable doubt that the defendant is guilty of an offence against subsection 18A(1) (the alternative offence). (4) The trier of fact may find the defendant not guilty of the prosecuted offence but guilty of the alternative offence, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt. Definitions (5) In this section: record has the same meaning as in section 18A. 18C Offences against section 18, 18A or 18B—general rules Extended geographical jurisdiction (1) Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to an offence against section 18, 18A or 18B. (2) Subsection (1) does not, by implication, affect the interpretation of any other provision of this Act. Institution of prosecution (3) A prosecution under section 18, 18A or 18B may be instituted only by, or with the consent of, the Attorney‑General or a person acting under the Attorney‑General's direction. (4) However: (a) a person charged with an offence against section 18, 18A or 18B may be arrested, or a warrant for his or her arrest may be issued and executed; and (b) such a person may be remanded in custody or on bail; even if the consent of the Attorney‑General or a person acting under his or her direction has not been obtained, but no further proceedings are to be taken until that consent has been obtained. (5) Nothing in subsection (3) or (4) prevents the discharging of the accused if proceedings are not continued within a reasonable time. 18D Offences against section 18, 18A or 18B—IGIS officials (1) A person does not commit an offence against subsection 18(2), 18A(1) or 18B(1) if: (a) the person is an IGIS official; and (b) the relevant conduct is engaged in by the person for the purposes of exercising powers, or performing functions or duties, as an IGIS official. (2) In a prosecution for an offence against subsection 18(2), 18A(1) or 18B(1), the defendant does not bear an evidential burden in relation to the matter in subsection (1) of this section, despite subsection 13.3(3) of the Criminal Code. 19 Co‑operation with other authorities in connection with performance of Organisation's functions (1) So far as necessary for, or conducive to, the performance of the Organisation's functions, the Organisation may, subject to any arrangements made or directions given by the Minister, co‑operate with: (a) authorities of the Commonwealth; and (b) Departments, Police Forces and authorities of the States; and (c) authorities of other countries approved by the Minister as being capable of assisting the Organisation in the performance of its functions; and (d) any other person or body whether within or outside Australia. (2) A person referred to in subsection 18(1) may, where the Organisation is co‑operating with an authority of another country in accordance with paragraph (1)(c), communicate to an officer of that authority information that has come into the possession of the Organisation in the course of performing its functions under section 17, being information that is relevant to the security of that other country and that could not, apart from this subsection, be communicated to that officer. Note: There are additional restrictions, in the Telecommunications (Interception and Access) Act 1979, on communicating telecommunications information. 19A Co‑operation with intelligence and law enforcement agencies etc. in connection with performance of their functions (1) The Organisation may co‑operate with and assist the following bodies in the performance of their functions: (a) ASIS; (b) ASD; (c) AGO; (ca) ONI; (d) a law enforcement agency; (e) an authority of the Commonwealth, or an authority of a State, that is prescribed by the regulations for the purposes of this paragraph. (2) However, the Organisation may only do so: (a) subject to any arrangements made or directions given by the Minister; and (b) on request by the head (however described) of the body referred to in subsection (1). (3) Without limiting subsection (1), in co‑operating with and assisting a body in accordance with this section, the Organisation may make the services of ASIO employees and ASIO affiliates, and other resources of the Organisation, available to the body. Communicating information (4) A person referred to in subsection 18(1) may communicate information to a staff member of a body referred to in paragraph (1)(d) or (e) if: (a) the information has come into the possession of the Organisation in the course of performing the Organisation's functions under section 17; and (b) the information is communicated for the purposes of co‑operating with or assisting the body under this section. Note 1: For communication of information to ASIS, ASD and AGO, see subsection 18(4A). Note 2: There are additional restrictions, in the Telecommunications (Interception and Access) Act 1979, on communicating telecommunications information. 20 Special responsibility of Director‑General in relation to functions of Organisation The Director‑General shall take all reasonable steps to ensure that: (a) the work of the Organisation is limited to what is necessary for the purposes of the discharge of its functions; and (b) the Organisation is kept free from any influences or considerations not relevant to its functions and nothing is done that might lend colour to any suggestion that it is concerned to further or protect the interests of any particular section of the community, or with any matters other than the discharge of its functions. 21 Leader of Opposition to be kept informed on security matters The Director‑General shall consult regularly with the Leader of the Opposition in the House of Representatives for the purpose of keeping him or her informed on matters relating to security. 21A Voluntary assistance provided to the Organisation Assistance provided in accordance with a request by the Director‑General (1) If: (a) the Director‑General requests a person or body to engage in conduct; and (b) the Director‑General is satisfied, on reasonable grounds, that the conduct is likely to assist the Organisation in the performance of its functions; and (c) the person engages in the conduct in accordance with the request; and (d) the conduct does not involve the person or body committing an offence against a law of the Commonwealth, a State or a Territory; and (e) the conduct does not result in significant loss of, or serious damage to, property; the person or body is not subject to any civil liability for, or in relation to, the conduct. (2) A request under paragraph (1)(a) may be made orally if: (a) the Director‑General is satisfied that the request should be made as a matter of urgency; or (b) the Director‑General is satisfied that making the request in writing would be prejudicial to security; or (c) the Director‑General is satisfied that making the request in writing would be prejudicial to the operational security of the Organisation. (2A) If subsection (2) does not apply to a request under paragraph (1)(a), the request must be made in writing. (3) If a request under paragraph (1)(a) is made orally, the Director‑General must: (a) make a written record of the request; and (b) do so within 48 hours after the request was made. (3A) If a request is made under paragraph (1)(a), the Director‑General must, within 7 days after the request is made, notify the Inspector‑General of Intelligence and Security that the request has been made. (4) The Director‑General may enter into a contract, agreement or arrangement with a person or body in relation to conduct engaged in by the person or body in accordance wit