Commonwealth: Intelligence Services Act 2001 (Cth)

Intelligence Services Act 2001 No. 152, 2001 Compilation No. 50 Compilation date: 30 November 2024 Includes amendments: Act No. 99, 2024 About this compilation This compilation This is a compilation of the Intelligence Services Act 2001 that shows the text of the law as amended and in force on 30 November 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 Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 1—Preliminary 1 Short title 2 Commencement 3 Definitions 3A References to Ministers 4 Extension to external Territories 5 Application of Criminal Code Part 2—Functions of the agencies Division 1—Functions of the agencies 6 Functions of ASIS 6A Committee to be advised of other activities 6B Functions of AGO 7 Functions of ASD 8 Ministerial directions 9 Ministerial authorisation 9A Authorisations in an emergency—Ministerial authorisations 9B Authorisations in an emergency—Ministers unavailable 9C Authorisations in an emergency—Attorney‑General unavailable 9D Authorisations in an emergency—imminent risk to safety of an Australian person 10 Period during which authorisation given under section 9 has effect etc. 10AA Additional requirements for class authorisations 10A Agency heads must report on authorised activities 11 Limits on agencies' functions 12 Limits on agencies' activities 12A Special responsibilities of Director and Directors‑General Division 2—Cooperation 13 Cooperation with other authorities in connection with performance of agency's own functions 13A Cooperation with intelligence agencies etc. in connection with performance of their functions Division 3—Activities undertaken in relation to ASIO 13B Activities undertaken in relation to ASIO 13C Authorised persons for activities undertaken in relation to ASIO 13D Certain acts not permitted 13E Director‑General of ASIS to be satisfied of certain matters 13F Other matters relating to activities undertaken in relation to ASIO 13G Guidelines relating to activities undertaken in relation to ASIO Division 4—Other 14 Liability for certain acts 15 Rules to protect privacy of Australians Part 3—Establishment of ASIS and role of Director‑General of ASIS Division 1—Establishment and control of ASIS 16 Establishment of ASIS on a statutory basis 17 Appointment of Director‑General of ASIS 18 Control of ASIS 19 Briefing the Leader of the Opposition about ASIS Division 2—Administrative provisions relating to the Director‑General of ASIS 20 Period of appointment 21 Remuneration etc. 22 Resignation 23 Termination of appointment 24 Acting Director‑General of ASIS 25 Outside employment 27 Delegation Part 3A—Establishment of ASD and role of Director‑General of ASD Division 1—Establishment and control of ASD 27A Establishment of ASD on a statutory basis 27B Appointment of Director‑General of ASD 27C Control of ASD 27D Briefing the Leader of the Opposition about ASD Division 2—Administrative provisions relating to the Director‑General of ASD 27E Basis and period of appointment 27F Remuneration 27G Resignation 27H Termination of appointment 27J Acting appointments 27K Leave of absence 27L Outside employment 27M Other terms and conditions 27N Delegation by Director‑General of ASD Part 4—Committee on Intelligence and Security 28 Committee on Intelligence and Security 29 Functions of the Committee 30 Agency heads and Inspector‑General of Intelligence and Security to brief the Committee 31 Annual report 32 Schedule 1 Part 5—Staff of ASIS 33 Employment of staff 34 Engagement of consultants 35 Applicability of principles of Public Service Act 1999 36 Special provisions relating to existing staff 36A Voluntary moves to APS 37 Staff grievances 38 Application of Crimes Act Part 5A—Staff of ASD 38A Employment of staff 38B Consultants 38C Contracted service providers 38D Secondment of employees of ASD 38E Secondment of persons to ASD 38F Applicability of principles of the Public Service Act 1999 38G Voluntary moves to APS 38H Staff grievances Part 6—Miscellaneous Division 1—Secrecy 39 Communication of certain information—ASIS, AGO, DIO and ASD 40C Unauthorised dealing with records—ASIS, AGO, DIO and ASD 40D Unauthorised recording of information or matter—ASIS, AGO, DIO and ASD 41 Publication of identity of staff 41AA Cover employment for ASIS and ASD staff members 41AB Cover employment—determining a specified Commonwealth authority 41AC Protection from criminal liability—third parties 41A Offences against this Division—general rules 41B Offences against this Division—IGIS officials Division 1A—Communication and use of limited cyber security information 41BA Cyber security information for which communication and use is limited by this Division 41BB Limited cyber security information can only be communicated by ASD for permitted cyber security purposes 41BC Limitations on secondary use and communication of limited cyber security information 41BD Application of section 41BC to the Crown 41BE Legal professional privilege 41BF Admissibility of limited cyber security information voluntarily given by impacted entity 41BG Director‑General of ASD and staff members of ASD not compellable as witnesses in relation to limited cyber security information 41BH How this Division applies in relation to non‑legal persons 41BI Contravening a civil penalty provision of this Division Division 2—Other matters 41C Rules to protect privacy of Australians—DIO 42 Annual report—ASIS 42A Annual report—ASD 43 Regulations Schedule 1—Committee on Intelligence and Security Part 1A—Preliminary 1A Definitions 1B Application of provisions of Schedule to subcommittees Part 1—Procedure 1 Committee must not require certain information to be disclosed 2 Power to obtain information and documents 3 Provision of information to Committee by agencies 4 Certificates by Minister 5 Evidence 6 Publication of evidence or contents of documents 7 Restrictions on disclosure to Parliament 8 Continuance of evidence Part 2—Offences 9 Offences relating to publishing or disclosing evidence or documents 10 Offences relating to giving evidence or producing documents 11 Protection of witnesses 12 Secrecy 13 Prosecution of offences Part 3—Administration 14 Appointment of members 15 Term of office 16 Chair 16A Deputy Chair 17 Meetings 18 Quorum 19 Voting at meetings 20 Proceedings 21 Staff of the Committee must be cleared for security purposes 22 Protection of information and documents Part 4—Subcommittees 23 Subcommittees 24 Term of office 25 Operation of subcommittees Schedule 2—Activities excepted under subsection 6(5) of the Act 1 Provision of weapons, training etc. 2 Application of certain State and Territory laws 3 Reports to Inspector‑General of Intelligence and Security Schedule 3—Activities excepted under subsection 6(5A) of the Act 1 Provision of weapons, training etc. 2 Guidelines for the purposes of this Schedule 3 Application of certain State and Territory laws 4 Reports to Inspector‑General of Intelligence and Security Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act relating to the Australian intelligence services, and for related purposes Part 1—Preliminary 1 Short title This Act may be cited as the Intelligence Services Act 2001. 2 Commencement This Act commences 28 days after the day on which it receives the Royal Assent. 3 Definitions (1) In this Act, unless the contrary intention appears: AFP means the Australian Federal Police. agency means ASIS, AGO or ASD. agency head means: (a) in relation to ASIS—the Director‑General of ASIS; and (b) in relation to AGO—the Director of AGO; and (c) in relation to ASD—the Director‑General of ASD. AGO means that part of the Defence Department known as the Australian Geospatial‑Intelligence Organisation. APS Agency means an Agency within the meaning of the Public Service Act 1999. ASD means the Australian Signals Directorate. ASD contract means a contract, to which ASD is a party, under which services are to be, or were to be, provided to ASD. ASIO means the Australian Security Intelligence Organisation. ASIS means the Australian Secret Intelligence Service. Australia, when used in a geographical sense, includes the external Territories. Australian person means a person who is: (a) an Australian citizen; or (b) a permanent resident. authority, of another country, has a meaning affected by subsection (2). Chair means the Chair of the Committee. Committee means the Parliamentary Joint Committee on Intelligence and Security. Commonwealth authority includes: (a) an Agency within the meaning of the Public Service Act 1999; and (b) a Department within the meaning of the Parliamentary Service Act 1999; and (c) the Defence Force; and (d) a body (whether incorporated or not) established, or continued in existence, for a public purpose by or under a law of the Commonwealth; and (e) a body corporate in which the Commonwealth or a body referred to in paragraph (d) has a controlling interest. Commonwealth body, for the purposes of Division 1A of Part 6, has the meaning given by subsection 41BA(5). Commonwealth enforcement body, for the purposes of Division 1A of Part 6, has the meaning given by subsection 41BA(5). computer has the same meaning as in the Security of Critical Infrastructure Act 2018. contracted service provider, for an ASD contract, means: (a) a person who is a party to the ASD contract and who is responsible for the provision of services to ASD under the ASD contract; or (b) a subcontractor for the ASD contract. coronial inquiry means a coronial inquiry, coronial investigation or coronial inquest under a law of the Commonwealth, or of a State or Territory. court includes a tribunal, authority or person that has power to require the production of documents or the answering of questions. cybercrime means activities that involve committing a serious crime by, or facilitated by, the use of electromagnetic energy, whether guided or unguided or both. cyber security incident has the meaning given by subsection 41BA(4). Defence Department means the Department of State that deals with defence and that is administered by the Defence Minister. Defence Minister means the Minister administering section 1 of the Defence Act 1903. DIO means that part of the Defence Department known as the Defence Intelligence Organisation. Director‑General of National Intelligence means the Director‑General of National Intelligence holding office under the Office of National Intelligence Act 2018. Director‑General of Security means the Director‑General of Security holding office under the Australian Security Intelligence Organisation Act 1979. emergency response function includes, but is not limited to, a function in relation to: (a) search and rescue; or (b) emergency rescue; or (c) response to natural disasters. entity, for the purposes of Division 1A of Part 6, has the meaning given by subsection 41BA(5). Foreign Affairs Minister means the Minister administering the Diplomatic Privileges and Immunities Act 1967. foreign power has the same meaning as in the Australian Security Intelligence Organisation Act 1979. IGIS official (short for Inspector‑General of Intelligence and Security official) means: (a) the Inspector‑General of Intelligence and Security; or (b) a person covered by subsection 32(1) of the Inspector‑General of Intelligence and Security Act 1986. Immigration and Border Protection Department means the Department administered by the Minister administering the Australian Citizenship Act 2007. incidentally obtained intelligence means intelligence: (a) that is obtained by ASIS in the course of obtaining intelligence under subsection 6(1) (other than intelligence obtained solely in the course of obtaining intelligence under paragraph 6(1)(da)), by AGO in the course of obtaining intelligence under paragraph 6B(1)(a), (b) or (c) or by ASD in the course of obtaining intelligence under paragraph 7(1)(a); and (b) that is not intelligence of a kind referred to in those provisions. Inspector‑General of Intelligence and Security means the Inspector‑General of Intelligence and Security appointed under the Inspector‑General of Intelligence and Security Act 1986. intelligence information means the following: (a) intelligence obtained by ASIS under subsection 6(1) (other than intelligence obtained solely under paragraph 6(1)(da)); (b) intelligence obtained by AGO under paragraph 6B(1)(a), (b) or (c); (c) intelligence obtained by ASD under paragraph 7(1)(a); (ca) intelligence obtained or produced by DIO in the performance of its intelligence functions; (d) incidentally obtained intelligence. involved with a listed terrorist organisation has a meaning affected by subsection 9(1AAB). limited cyber security information has the meaning given by subsection 41BA(1). listed terrorist organisation has the same meaning as in subsection 100.1(1) of the Criminal Code. member means a member of the Committee, and includes the Chair. ONI means the Office of National Intelligence. operational security of ASIS means the protection of the integrity of operations undertaken by ASIS from: (a) interference by a foreign person or entity; or (b) reliance on inaccurate or false information. paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise). paramilitary activities means activities involving the use of an armed unit (or other armed group) that is not part of a country's official defence or law enforcement forces. permanent resident means: (a) a natural person who is a permanent resident within the meaning of the Australian Security Intelligence Organisation Act 1979; or (b) a body corporate incorporated under a law in force in a State or Territory, other than a body corporate whose activities one or more of the following controls, or is in a position to control, whether directly or indirectly: (i) a foreign power; (ii) a natural person who is neither an Australian citizen nor a person covered by paragraph (a); (iii) a group of natural persons, none of whom is an Australian citizen or a person covered by paragraph (a). police functions means: (a) the arrest, charging or detention of suspected offenders; or (b) any other activity undertaken for the purposes of prosecuting, or for determining whether to prosecute, an offence. prescribed activity has the meaning given by subsection 8(1B). 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. responsible Minister means: (a) in relation to ASIO—the Minister responsible for ASIO; and (b) in relation to an agency—the Minister responsible for the agency; and (ba) in relation to DIO—the Minister responsible for DIO; and (c) in relation to ONI—the Minister responsible for ONI. retained data activity means an activity relating to information, or documents, that a service provider has been required to keep under Part 5‑1A of the Telecommunications (Interception and Access) Act 1979. 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. service provider has the same meaning as in the Telecommunications (Interception and Access) Act 1979. signals includes electromagnetic emissions. staff member, subject to subsection 41AC(3), means: (a) in relation to ASIO—a member of the staff of ASIO (whether an employee of ASIO, a consultant or contractor to ASIO, or a person who is made available by another Commonwealth or State authority or other person to perform services for ASIO); and (b) in relation to an agency—a member of the staff of the agency (whether an employee of the agency, a consultant or contractor to the agency, or a person who is made available by another Commonwealth or State authority or other person to perform services for the agency); and (c) in relation to DIO—a member of the staff of that part of the Defence Department known as the Defence Intelligence Organisation, whether: (i) an employee, a consultant or contractor that works in that part of the Defence Department; or (ii) a person who is made available by another Commonwealth authority, a State authority or other person to perform services for that part of the Defence Department. State authority includes: (a) a Department of State of a State or Territory or a Department of the Public Service of a State or Territory; and (b) a body (whether incorporated or not) established, or continued in existence, for a public purpose by or under a law of a State or Territory; and (c) a body corporate in which a State, Territory or a body referred to in paragraph (b) has a controlling interest. State body, for the purposes of Division 1A of Part 6, has the meaning given by subsection 41BA(5). subcontractor, for an ASD contract, means a person: (a) who is a party to a contract (the subcontract): (i) with a contracted service provider for the ASD contract (within the meaning of paragraph (a) of the definition of contracted service provider); or (ii) with a subcontractor for the ASD contract (under a previous application of this definition); and (b) who is responsible under the subcontract for the provision of services to ASD, or to a contracted service provider for the ASD contract, for the purposes (whether direct or indirect) of the ASD contract. (2) For the purposes of determining whether a body is an authority of another country, it does not matter whether: (a) the body is established by a law of the country; or (b) the body is connected with an internationally recognised government of the country. 3A References to Ministers Despite section 19 of the Acts Interpretation Act 1901, in this Act: (a) a reference to the responsible Minister in relation to a relevant agency is a reference only to the most senior responsible Minister in relation to that agency; and (b) a reference to the Prime Minister or the Attorney‑General is a reference only to the Minister with that title; and (c) a reference to the Defence Minister is a reference only to the most senior Defence Minister; and (d) a reference to the Foreign Affairs Minister is a reference only to the most senior Foreign Affairs Minister; and (e) a reference to the Minister responsible for administering the Australian Security Intelligence Organisation Act 1979 is a reference only to the most senior such Minister. Note: A reference to a Minister mentioned in this section may include a reference to a person acting as that Minister (see subsection 19(4) of the Acts Interpretation Act 1901). 4 Extension to external Territories This Act extends to every external Territory. 5 Application of Criminal Code (1) Chapter 2 of the Criminal Code applies to all offences against this Act. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. (2) Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to all offences against this Act. Part 2—Functions of the agencies Division 1—Functions of the agencies 6 Functions of ASIS (1) The functions of ASIS are: (a) to obtain, in accordance with the Government's requirements, intelligence about the capabilities, intentions or activities of people or organisations outside Australia; and (b) to communicate, in accordance with the Government's requirements, such intelligence; and (ba) to provide assistance to the Defence Force in support of military operations and to cooperate with the Defence Force on intelligence matters; and (c) to conduct counter‑intelligence activities; and (d) to liaise with intelligence or security services, or other authorities, of other countries; and (da) to cooperate with and assist bodies referred to in section 13A in accordance with that section; and (db) to undertake activities in accordance with section 13B; and (e) to undertake the following other activities relating to the capabilities, intentions or activities of people or organisations outside Australia: (i) such activities of a general or specific nature as the responsible Minister directs; (ii) activities included in such a class or classes of activity or activities as the responsible Minister directs. (1A) 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. (1B) 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. (2) The responsible Minister may give a direction under subparagraph (1)(e)(i) or (ii) only if the Minister: (a) has consulted other Ministers who have related responsibilities; and (b) 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 (c) 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. (3) A direction under subparagraph (1)(e)(i) or (ii) must be in writing. Note: 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). (3A) A direction under subparagraph (1)(e)(i) or (ii) is not a legislative instrument. (4) In performing its functions, ASIS must not plan for, or undertake, activities that involve: (a) paramilitary activities; or (b) violence against the person; or (c) the use of weapons; by staff members or agents of ASIS. Note 1: 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. Note 2: For other limits on the agency's functions and activities see sections 11 and 12. Note 3: For paramilitary activities see section 3. (5) Subsection (4) does not prevent: (a) the provision of weapons, or training in the use of weapons or in self‑defence techniques, in accordance with Schedule 2; or (b) the use of weapons or self‑defence techniques in accordance with Schedule 2. (5A) Subsection (4) does not prevent: (a) 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 (b) 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 (c) 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. (5B) Nothing in subsection (5) or (5A) permits conduct by a person (the actor) that: (a) would constitute torture; or (b) would subject a person to cruel, inhuman or degrading treatment; or (c) would involve the commission of a sexual offence against any person; or (d) 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). (5C) Nothing in subsection (5) or Schedule 2 limits the operation of subsection (5A) or Schedule 3. (5D) Nothing in subsection (5A) or Schedule 3 limits the operation of subsection (5) or Schedule 2. (6) ASIS must not: (a) provide weapons; or (b) provide training in the use of weapons; or (c) provide training in the use of force, or the threat of the use of force, against a person; or (d) provide training in the use of self‑defence techniques; other than in accordance with Schedule 2 or Schedule 3. (7) In performing its functions, ASIS is not prevented from providing assistance to Commonwealth authorities and to State authorities. 6A Committee to be advised of other activities If the responsible Minister gives a direction under subparagraph 6(1)(e)(i) or (ii), the Minister must as soon as practicable advise the Committee of the nature of the activity or activities to be undertaken in accordance with the direction. Note: For Committee see section 3. 6B Functions of AGO (1) The functions of AGO are: (a) 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 (b) 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 (c) 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 (d) to communicate, in accordance with the Government's requirements, intelligence referred to in paragraph (a), (b) or (c); and (e) to provide the following to persons and bodies mentioned in subsection (2): (i) imagery and other geospatial, hydrographic, meteorological and oceanographic products, not being intelligence obtained under paragraph (a), (b) or (c) of this subsection; (ii) assistance in relation to the production and use of imagery and other geospatial, hydrographic, meteorological and oceanographic products; (iii) assistance in relation to the production and use of imagery technologies and other geospatial, hydrographic, meteorological and oceanographic technologies; and (ea) 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: (i) the provision of the assistance is incidental to the performance by AGO of its other functions; or (ii) 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 (iii) the assistance is capable of being conveniently provided in the course of performing AGO's other functions; and (f) to cooperate with and assist bodies referred to in section 13A in accordance with that section; and (g) to provide assistance to the Defence Force in support of military operations and to cooperate with the Defence Force on intelligence matters; and (h) 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). Note 1: For limits on the agency's functions and activities see sections 11 and 12. Note 2: 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). (2) 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) a Commonwealth authority; (b) a State authority of a Territory; (c) a foreign person or entity; (d) any other person or body (including a State authority of a State) if: (i) 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 (ii) the imagery and other products or assistance are provided by way of postal, telegraphic, telephonic or other like services. Note: For State authority, see section 3. (3) The Australian Hydrographic Office mentioned in section 223 of the Navigation Act 2012 is part of the AGO. Fees (4) 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). (5) A fee must not be such as to amount to taxation. 7 Functions of ASD (1) The functions of ASD are: (a) to obtain intelligence about the capabilities, intentions or activities of people or organisations outside Australia in the form of electromagnetic energy, whether guided or unguided or both, or in the form of electrical, magnetic or acoustic energy, for the purposes of meeting the requirements of the Government, and in particular the requirements of the Defence Force, for such intelligence; and (b) to communicate, in accordance with the Government's requirements, such intelligence; and (c) to prevent and disrupt, by electronic or similar means, cybercrime undertaken by people or organisations outside Australia; and (ca) to provide material, advice and other assistance to any person or body mentioned in subsection (2) on matters relating to the security and integrity of information that is processed, stored or communicated by electronic or similar means; and (d) to provide assistance to the Defence Force in support of military operations and to cooperate with the Defence Force on intelligence matters; and (da) to protect specialised technologies acquired in connection with the performance of any of the preceding functions; and (e) to provide assistance to Commonwealth authorities and State authorities in relation to: (i) cryptography, and communication and computer technologies; and (ii) other specialised technologies acquired in connection with the performance of its other functions; and (iii) the performance by those authorities of search and rescue functions; and (f) to cooperate with and assist bodies referred to in section 13A in accordance with that section. Note: For limits on the agency's functions and activities see sections 11 and 12. (2) For the purposes of paragraph (1)(ca), material, advice and other assistance may be provided to the following: (a) a Commonwealth authority; (b) a State authority; (c) a foreign person or entity; (d) any other person or body if: (i) the material, advice and other assistance are provided for the purpose of protecting or facilitating trade and commerce with other countries, among the States, between Territories or between a Territory and a State, or outside Australia; or (ii) the material, advice and other assistance are provided by way of a postal, telegraphic, telephonic or other like service (within the meaning of paragraph 51(v) of the Constitution); or (iii) the information was obtained or generated in the operation of a postal, telegraphic, telephonic or other like service (within the meaning of paragraph 51(v) of the Constitution). Note: For State authority, see section 3. 8 Ministerial directions (1) The responsible Minister in relation to ASIS, the responsible Minister in relation to AGO and the responsible Minister in relation to ASD, must issue a written direction under this subsection to the relevant agency head. The direction must: (a) require the agency to obtain an authorisation under section 9, 9A, 9B or 9D (as the case requires) before: (i) undertaking an activity, or a series of activities, for the specific purpose, or for purposes which include the specific purpose, of producing intelligence on an Australian person; or (iaa) undertaking an activity, or a series of activities, for the specific purpose, or for purposes which include the specific purpose, of producing intelligence on one or more members of a class of Australian persons; or (ia) undertaking, in the course of providing assistance to the Defence Force in support of military operations under paragraph 6(1)(ba), 6B(1)(g) or 7(1)(d), an activity, or a series of activities, for the specific purpose, or for purposes which include the specific purpose, of producing intelligence on one or more members of a class of Australian persons; or (ib) undertaking, in the course of providing assistance to the Defence Force in support of military operations under paragraph 6(1)(ba), an activity, or a series of activities, that will, or is likely to, have a direct effect on one or more members of a class of Australian persons; or (ii) undertaking, in accordance with a direction under subparagraph 6(1)(e)(i) or (ii), an activity, or a series of activities, that will, or is likely to, have a direct effect on an Australian person; or (iii) undertaking, in accordance with paragraph 7(1)(c), an activity, or a series of activities, for the specific purpose, or for purposes which include the specific purpose, of preventing or disrupting cybercrime undertaken by, or enabled by, an Australian person; and (b) specify the circumstances in which the agency must, before undertaking other activities or classes of activities, obtain an authorisation under section 9, 9A or 9B (as the case requires). (1A) For the purposes of subparagraphs (1)(a)(i), (iaa) and (ia), an agency undertakes an activity, or a series of activities, for the specific purpose, or for purposes which include the specific purpose, of producing intelligence on an Australian person, or one or more members of a class of Australian persons, only if: (a) the agency undertakes a prescribed activity to obtain that intelligence; or (b) the agency expressly or impliedly requests an authority referred to in paragraph 13(1)(c) to undertake a prescribed activity to obtain that intelligence. (1B) Prescribed activity means a covert and intrusive activity, or a series of covert and intrusive activities and, to avoid doubt, includes an activity, or a series of activities, that ASIO could not undertake in at least one State or Territory without it being authorised by warrant under: (a) Division 2 of Part III of the Australian Security Intelligence Organisation Act 1979; or (b) Part 2‑2 of the Telecommunications (Interception and Access) Act 1979. (2) The responsible Minister may give written directions to be observed: (a) in the performance by the relevant agency of its functions; or (b) in the case of ASIS—in the exercise of the powers of the Director‑General of ASIS under section 33 or 34. (3) Each agency head must ensure that the agency complies with any direction given by the responsible Minister under this section. (4) Directions under paragraph (2)(b) must not relate to a specific staff member. (5) A direction given under this section is not a legislative instrument. Note: The Inspector‑General of Intelligence and Security has oversight powers in relation to Ministerial directions and authorisations given under this Act. See in particular section 32B of the Inspector‑General of Intelligence and Security Act 1986 (which requires the Minister to give a copy of a direction under this section to the Inspector‑General of Intelligence and Security as soon as practicable after the direction is given). 9 Ministerial authorisation Preconditions for giving authorisation (1) Before a Minister gives an authorisation, the Minister must be satisfied that: (a) any activities which may be done in reliance on the authorisation will be necessary for the proper performance of a function of the agency concerned; and (b) there are satisfactory arrangements in place to ensure that nothing will be done in reliance on the authorisation beyond what is necessary for the proper performance of a function of the agency; and (c) there are satisfactory arrangements in place to ensure that the nature and consequences of acts done in reliance on the authorisation will be reasonable, having regard to the purposes for which they are carried out; and (d) for an authorisation for an activity, or a series of activities, of a kind mentioned in subparagraph 8(1)(a)(ia) or (ib)—the Defence Minister has requested the authorisation in writing. (1A) Before a Minister gives an authorisation for an activity, or a series of activities, of a kind mentioned in subparagraph 8(1)(a)(i), (ia), (ib) or (ii) (the relevant subparagraph), the Minister must also be satisfied that the Australian person, or the class of Australian persons, mentioned in the relevant subparagraph is, or is likely to be, involved in one or more of the following activities: (a) activities that present a significant risk to the safety of any person (including the Australian person or a member of the class of Australian persons mentioned in the relevant subparagraph); (b) acting for, or on behalf of, a foreign power; (c) activities that are, or are likely to be, a threat to security; (d) activities that pose a risk, or are likely to pose a risk, to the operational security of ASIS; (e) activities related to the proliferation of weapons of mass destruction or the movement of goods listed from time to time in the Defence and Strategic Goods List (within the meaning of regulation 13E of the Customs (Prohibited Exports) Regulations 1958); (f) activities related to a contravention, or an alleged contravention, of a UN sanction enforcement law by any person (including the Australian person or a member of the class of Australian persons mentioned in the relevant subparagraph); (g) committing a serious crime by moving money, goods or people; (h) committing a serious crime by using or transferring intellectual property; (i) committing a serious crime by transmitting data or signals by means of guided and/or unguided electromagnetic energy. Note 1: For serious crime, see section 3. Note 2: Certain authorisations referred to in this subsection cannot take effect unless the Minister has obtained the agreement of the Attorney‑General (see subsection (1AAC)). (1AAA) Before a Minister gives an authorisation for an activity, or a series of activities, of a kind mentioned in subparagraph 8(1)(a)(iaa), the Minister must also be satisfied that the class of Australian persons mentioned in that subparagraph is, or is likely to be, involved with a listed terrorist organisation. Note: An authorisation referred to in this subsection cannot take effect unless the Minister has obtained the agreement of the Attorney‑General (see subsection (1AAD)). (1AAB) Without limiting the circumstances in which a person is involved with a listed terrorist organisation, a person is taken to be involved with a listed terrorist organisation if the person: (a) directs, or participates in, the activities of the organisation; or (b) recruits a person to join, or participate in the activities of, the organisation; or (c) provides training to, receives training from, or participates in training with, the organisation; or (d) is a member of the organisation (within the meaning of subsection 102.1(1) of the Criminal Code); or (e) provides financial or other support to the organisation; or (f) advocates for, or on behalf of, the organisation. Agreement of the Attorney‑General (1AAC) An authorisation referred to in subsection (1A) for an activity, or a series of activities, in relation to an Australian person, or a class of Australian persons, who is, or is likely to be, involved in activities referred to in paragraph (1A)(c) (whether or not the person, or the class of persons, is, or likely to be, involved in activities covered by another paragraph of subsection (1A)) cannot take effect unless and until the Minister has obtained the agreement (orally or in writing, but subject to subsection (1AA)) of the Attorney‑General. The agreement may be sought before or after the authorisation is given. (1AAD) An authorisation referred to in subsection (1AAA) for an activity, or a series of activities, in relation to a class of Australian persons cannot take effect unless and until the Minister has obtained the agreement (orally or in writing, but subject to subsection (1AA)) of the Attorney‑General. The agreement may be sought before or after the authorisation is given. (1AA) Without limiting subsection (1AAC) or (1AAD), the Attorney‑General may, in writing: (a) specify classes of Australian persons who are, or are likely to be: (i) involved in an activity or activities that are, or are likely to be, a threat to security; or (ii) involved with a listed terrorist organisation; and (b) give his or her agreement in relation to any Australian person in that specified class. (1AB) An agreement given in accordance with subsection (1AA) may: (a) relate to an authorisation for an activity, or a series of activities, of a kind mentioned in subparagraph 8(1)(a)(i), (iaa), (ia), (ib) or (ii); and (b) specify the period during which the agreement has effect. (1AC) If an agreement relating to a specified class of Australian persons specifies a period in accordance with paragraph (1AB)(b), the agreement of the Attorney‑General is, for authorisations to be given after the period ends, taken not to have been obtained in relation to a person in that class. Note: The agreement of the Attorney‑General would need to be obtained again in relation to such a person. Content and form of authorisation (2) The Minister may give an authorisation in relation to: (a) an activity, or class of activities, specified in the authorisation; or (b) acts of a staff member or agent, or a class of staff members or agents, specified (whether by name or otherwise) in the authorisation; or (c) activities done for a particular purpose connected with the agency's functions. (3) An authorisation is subject to any conditions specified in it. (4) An authorisation must specify how long it will have effect. The period of effect specified in an authorisation for an activity, or a series of activities, of a kind mentioned in subparagraph 8(1)(a)(i), (iaa), (ia), (ib), (ii) or (iii) must not exceed 6 months. (4A) An authorisation must be in writing. Requirement to keep copies (5) If a Minister gives an authorisation under this section in relation to an agency, the relevant agency head must ensure that copies of the following are kept by the agency and are available for inspection on request by the Inspector‑General of Intelligence and Security: (a) the authorisation; (b) any record or copy of an agreement given under subsection (1AAC) or (1AAD) (including any agreement given in accordance with subsection (1AA)); (c) if the authorisation is for an activity, or a series of activities, of a kind mentioned in subparagraph 8(1)(a)(ia) or (ib)—the request from the Defence Minister referred to in paragraph (1)(d) of this section. Status of instruments (6) A request under paragraph (1)(d), an agreement under subsection (1AAC) or (1AAD) (if in writing), a request under subsection (5) (if in writing), and an authorisation under this section, are not legislative instruments. Definitions (7) In this section: security has the same meaning as in the Australian Security Intelligence Organisation Act 1979. UN sanction enforcement law has the same meaning as in the Charter of the United Nations Act 1945. 9A Authorisations in an emergency—Ministerial authorisations (1) This section applies if: (a) an emergency situation arises in which an agency head considers it necessary or desirable to undertake an activity or a series of activities (except an activity or a series of activities of a kind mentioned in subparagraph 8(1)(a)(iaa), (ia) or (ib)); and (b) a direction under subsection 8(1) requires the agency to obtain an authorisation under section 9, 9A or 9B before undertaking that activity or series of activities. Giving oral authorisations (2) A Minister specified in subsection (3) may orally give an authorisation under this section for the activity or series of activities if (subject to section 9C) the conditions in subsections 9(1) and (1A) are met. (3) The Ministers who may orally give an authorisation are: (a) the responsible Minister in relation to the relevant agency; or (b) if the agency head is satisfied that the relevant responsible Minister is not readily available or contactable—any of the following Ministers: (i) the Prime Minister; (ii) the Defence Minister; (iii) the Foreign Affairs Minister; (iv) the Attorney‑General; (v) the Minister responsible for administering the Australian Security Intelligence Organisation Act 1979. Note: An authorisation may be given by an agency head if none of those Ministers are readily available or contactable (see section 9B). Period of effect of oral authorisation (4) An authorisation given under this section for an activity or series of activities ceases to have effect at the earlier of the following times: (a) when an authorisation for the activity or series of activities is given under section 9; (b) 48 hours from the time the authorisation was given under this section. Record of oral authorisation (5) The agency head must: (a) ensure that a written record of an authorisation given under this section is made as soon as practicable (but no later than 48 hours) after the authorisation is given; and (b) give the Inspector‑General of Intelligence and Security a copy of the record within 3 days after the authorisation is given. 9B Authorisations in an emergency—Ministers unavailable (1) This section applies if: (a) an agency head considers it necessary or desirable to undertake an activity or a series of activities; and (b) an authorisation is sought under section 9A; and (c) the agency head is satisfied that none of the Ministers specified in subsection 9A(3) are readily available or contactable. (2) The agency head may give an authorisation under this section for the activity or series of activities if the agency head is satisfied that: (a) the facts of the case would justify the relevant responsible Minister giving an authorisation under section 9 because (subject to section 9C) the agency head is satisfied that the conditions in subsections 9(1) and (1A) are met; and (b) the responsible Minister would have given the authorisation; and (c) if the activity or series of activities is not undertaken before an authorisation is given under section 9 or 9A: (i) security (within the meaning of the Australian Security Intelligence Organisation Act 1979) will be, or is likely to be, seriously prejudiced; or (ii) there will be, or is likely to be, a significant risk to the safety of any person. Content and form of authorisation (3) An authorisation given under this section: (a) may be given in relation to the same matters as an authorisation may be given under subsection 9(2); and (b) is subject to the requirements of subsections 9(3) and (4A). Period of effect of authorisation (4) An authorisation given under this section for an activity or series of activities ceases to have effect at the earliest of the following times: (a) when an authorisation for the activity or series of activities is given under section 9 or 9A; (b) when the authorisation given under this section is cancelled by the relevant responsible Minister under subsection (8) of this section; (c) 48 hours from the time the authorisation was given under this section. Notifying the responsible Minister (4A) An agency head who gives an authorisation under this section for an activity or series of activities must notify the relevant responsible Minister of the authorisation within 8 hours after giving the authorisation. Copies of authorisation and other documents (5) The agency head must also give the following documents to the relevant responsible Minister and the Inspector‑General of Intelligence and Security: (a) a copy of the authorisation; (b) a summary of the facts of the case that the agency head was satisfied justified giving the authorisation; (c) an explanation of the Minister's obligation under subsection (7). (6) The documents must be given to the responsible Minister and the Inspector‑General of Intelligence and Security as soon as practicable, but no later than the following time: (a) for documents given to the responsible Minister—48 hours after giving the authorisation; (b) for documents given to the Inspector‑General of Intelligence and Security—3 days after giving the authorisation. Responsible Minister must consider cancelling authorisation or giving new authorisation (7) As soon as practicable after the responsible Minister is given the documents, the responsible Minister must consider whether to: (a) cancel the authorisation under subsection (8); or (b) give a new authorisation for the activity or series of activities under section 9 or 9A. Responsible Minister may cancel authorisation (8) For the purposes of paragraph (4)(b), the relevant responsible Minister may, in writing, cancel an authorisation given under this section. Oversight by Inspector‑General of Intelligence and Security (8A) Within 30 days after the Inspector‑General of Intelligence and Security is given the documents, the Inspector‑General must: (a) consider whether the agency head complied with the requirements of this section in giving the authorisation; and (b) provide the responsible Minister with a report on the Inspector‑General's views of the extent of the agency head's compliance with the requirements of this section in giving the authorisation; and (c) provide to the Committee a copy of the conclusions in the report. Status of instruments (9) An authorisation, report and a cancellation under this section are not legislative instruments. 9C Authorisations in an emergency—Attorney‑General unavailable (1) This section applies if: (a) an agency head considers it necessary or desirable to undertake an activity or a series of activities; and (b) an authorisation is sought under section 9A or 9B; and (c) all of the following apply: (i) the authorisation cannot take effect unless and until the agreement of the Attorney‑General has been obtained under subsection 9(1AAC); (ii) the agreement has not been obtained; (iii) the agency head is satisfied that the Attorney‑General is not readily available or contactable. Giving authorisation (2) Despite subsection 9(1AAC) and subject to subsection (3) of this section, the authorisation: (a) may be given; and (b) may take effect without the agreement of the Attorney‑General having been obtained. Obtaining the agreement of the Director‑General of Security (3) Before an authorisation is given under section 9A or 9B, the agency head must, unless the agency head is satisfied that the Director‑General of Security is not readily available or contactable, obtain the agreement of the Director‑General to the authorisation: (a) being given; and (b) taking effect without the agreement of the Attorney‑General having been obtained. Notifying Attorney‑General, ASIO Minister and Inspector‑General of Intelligence and Security (4) The relevant agency head must notify the following that an authorisation was given under section 9A or 9B (as the case requires) in accordance with this section: (a) the Attorney‑General; (b) the Minister responsible for administering the Australian Security Intelligence Organisation Act 1979 (the ASIO Minister); (c) the Inspector‑General of Intelligence and Security. The notification must state whether the agreement of the Director‑General of Security was obtained. (5) The notification must be given: (a) for a notification given to the Attorney‑General or the ASIO Minister—before the end of 8 hours after the authorisation is given under section 9A or 9B; and (b) for a notification given to the Inspector‑General of Intelligence and Security—as soon as practicable, but no later than 3 days after the authorisation is given under section 9A or 9B. Oversight by Inspector‑General of Intelligence and Security (6) Within 30 days after the Inspector‑General of Intelligence and Security is given the notification, the Inspector‑General must: (a) consider whether the agency head complied with the requirements of this section in giving the authorisation under section 9A or 9B; and (b) provide the responsible Minister with a report on the Inspector‑General's views of the extent of the agency head's compliance with the requirements of this section in giving the authorisation under that section; and (c) provide to the Committee a copy of the conclusions in the report. 9D Authorisations in an emergency—imminent risk to safety of an Australian person When this section applies (1) This section applies if an agency head is satisfied that: (a) there is, or is likely to be, an imminent risk to the safety of an Australian person who is outside Australia; and (b) it is necessary or desirable to undertake an activity, or a series of activities, for the specific purpose, or for purposes which include the specific purpose, of producing intelligence on the person; and (c) it is not reasonably practicable to obtain the person's consent to the agency producing that intelligence; and (d) having regard to the nature and gravity of the risk, it is reasonable to believe that the person would consent to the agency producing that intelligence if the person were able to do so. Authorisation (2) The agency head may, orally or in writing, give an authorisation under this section for the activity, or series of activities, if the agency head is satisfied that: (a) the facts of the case would justify the responsible Minister giving an authorisation under section 9 because the agency head is satisfied that the conditions in subsections 9(1) and (1A) are met; and (b) the responsible Minister would have given the authorisation. Conditions on authorisation (3) The authorisation is subject to any conditions specified by the agency head. Agreement of the Attorney‑General not required (3A) Subsection 9(1AAC) does not apply in relation to the authorisation. Agency head to record and notify (4) As soon as practicable after giving the authorisation (but no later than 8 hours after the authorisation is given) the agency head must, orally or in writing, notify the responsible Minister of the authorisation. (5) As soon as practicable after giving the authorisation (but no later than 48 hours after the authorisation is given) the agency head must: (a) if the authorisation is given orally—ensure that the authorisation is recorded in writing; and (b) ensure that a summary of the facts of the case that the agency head was satisfied justified giving the authorisation is recorded in writing; and (c) give to the responsible Minister: (i) a copy of the authorisation; and (ii) a summary of the facts of the case that the agency head was satisfied justified giving the authorisation; and (iii) an explanation of the Minister's obligation under subsection (6); and (d) give to the Inspector‑General of Intelligence and Security the documents referred to in subparagraphs (c)(i) and (ii); and (e) if the Australian person is, or is likely to be, involved in an activity or activities that are, or are likely to be, a threat to security—give to the Attorney‑General and the Minister responsible for administering the Australian Security Intelligence Organisation Act 1979 (the ASIO Minister) the documents referred to in subparagraphs (c)(i) and (ii). Role of responsible Minister (6) The responsible Minister must, as soon as practicable after being given documents under paragraph (5)(c), consider whether to cancel the authorisation under subsection (10). (7) If the Attorney‑General is required to be given documents under paragraph (5)(e), the responsible Minister must have regard to any advice given by the Attorney‑General when making a decision under subsection (6). Role of Inspector‑General of Intelligence and Security (8) Within 30 days after the Inspector‑General of Intelligence and Security is given documents under paragraph (5)(d), the Inspector‑General must: (a) consider whether the agency head has complied with the requirements of this section; and (b) provide the responsible Minister with a report on the Inspector‑General's views of the extent of the compliance by the agency head with the requirements of this section; and (c) provide to the Committee a copy of the conclusions in the report. Period of effect of authorisation (9) The authorisation ceases to have effect at the earliest of the following times: (a) the end of 6 months, starting on the day the authorisation is given; (b) if the authorisation specifies a time when the authorisation ceases to have effect—that time; (c) if the responsible Minister cancels the authorisation under subsection (10)—the time of cancellation; (d) if the agency head cancels the authorisation under subsection (12)—the time of cancellation; (e) if an authorisation for the activity, or series of activities, is given under section 9, 9A or 9B—the time the authorisation under section 9, 9A or 9B is given. Cancellation by responsible Minister (10) The responsible Minister may, in writing, cancel the authorisation. (11) If the responsible Minister cancels the authorisation under subsection (10), the Minister must, as soon as practicable, give written notice of the cancellation to: (a) the Inspector‑General of Intelligence and Security; and (b) if the Attorney‑General and the ASIO Minister are required to be given documents under paragraph (5)(e)—those Ministers. Cancellation by agency head (12) The agency head must, in writing, cancel the authorisation if the agency head is satisfied that: (a) there is not; and (b) there is not likely to be; a significant risk to the safety of the Australian person. Note: The agency head may cancel the authorisation in other circumstances (see subsection 33(3) of the Acts Interpretation Act 1901). (13) If the agency head cancels the authorisation under subsection (12), the agency head must, as soon as practicable, give written notice of the cancellation to: (a) the responsible Minister; and (b) the Inspector‑General of Intelligence and Security; and (c) if the Attorney‑General and the ASIO Minister are required to be given documents under paragraph (5)(e)—those Ministers. Delegation (14) An agency head may, in writing, delegate to a staff member (other than a consultant or contractor) all or any of the powers, functions or duties of the agency head under this section. Note: See sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 on delegations. (15) In exercising a power, performing a function or discharging a duty under a delegation under subsection (14), the delegate must comply with any written directions of the agency head. Relationship with the Acts Interpretation Act 1901 (16) To avoid doubt, this section does not limit subsection 33(3) of the Acts Interpretation Act 1901 to the extent that it applies to an authorisation given under this section. Status of instruments (17) The following are not legislative instruments: (a) an authorisation given in writing under subsection (2); (b) a written notice given under subsection (4), (11) or (13); (c) a record made, or a summary or explanation given, under subsection (5); (d) a report under subsection (8); (e) a cancellation under subsection (10) or (12). 10 Period during which authorisation given under section 9 has effect etc. Renewing authorisations (1) The Minister may, at any time before the day on which an authorisation given under section 9 would cease to have effect, renew it for the length of time specified in the renewal. However, the authorisation must not be renewed unless the Minister is satisfied that it is necessary, for the purpose for which the authorisation was given, for the authorisation to continue to have effect. (1A) The renewal (or any subsequent renewal) of an authorisation given under section 9 for an activity, or a series of activities, of a kind mentioned in subparagraph 8(1)(a)(i), (iaa), (ia), (ib), (ii) or (iii), must be for a period not exceeding 6 months. Varying or cancelling authorisations (2) The Minister may vary or cancel an authorisation given under section 9 at any time. (2A) If, before an authorisation is cancelled under subsection (2) or otherwise ceases to have effect, the relevant agency head is satisfied that the grounds on which the authorisation was given under section 9 have ceased to exist: (a) the agency head must inform the Minister accordingly, and must take the steps necessary to ensure that activities under the authorisation are discontinued; and (b) as soon as practicable after being so informed, the Minister must consider cancelling the authorisation under subsection (2). (2B) Without limiting subsection (2A), if an authorisation is given under section 9 for an activity, or a series of activities, of a kind mentioned in subparagraph 8(1)(a)(ia) or (ib), the grounds on which the authorisation was given cease to exist if: (a) the Defence Force is no longer engaged in any military operations to which the request for the authorisation relates; or (b) the Defence Minister withdraws the request for the authorisation. Note: For the request for the authorisation, see paragraph 9(1)(d). (2C) For the purposes of subsection (2A), if an authorisation is given in reliance on an agreement that specifies a period in accordance with paragraph 9(1AB)(b), the grounds on which the authorisation was given are taken not to have ceased to exist merely because the period specified in the agreement ends. Renewal, variation or cancellation to be in writing (3) A renewal, variation or cancellation of an authorisation given under section 9 must be in writing. Relationship with the Acts Interpretation Act 1901 (4) To avoid doubt, this section does not limit subsection 33(3) of the Acts Interpretation Act 1901 to the extent that it applies to an authorisation given under section 9A or 9B. 10AA Additional requirements for class authorisations (1) This section applies if an authorisation is given to an agency under section 9 for an activity, or a series of activities, of a kind mentioned in subparagraph 8(1)(a)(iaa), (ia) or (ib) in relation to one or more members of a class of Australian persons. (2) The agency head must ensure that a list is kept that: (a) identifies each Australian person in relation to whom the agency intends to undertake activities, or a series of activities, under the authorisation; and (b) gives an explanation of the reasons why the agency believes the person is a member of the class; and (c) includes any other information that the agency head considers appropriate. Note: For variation of the list, see subsection 33(3) of the Acts Interpretation Act 1901. (3) If: (a) the Attorney‑General's agreement under subsection (1AAC) or (1AAD) was obtained