- SECT 4
Definitions
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:
Australia, when used in a geographical sense, includes the
external Territories.
authority of the Commonwealth includes:
(a) a Department of State or an Agency within the meaning of the Public
Service Act 1999;
Committee on Intelligence and Security means the Parliamentary
Joint Committee on Intelligence and Security established under the
Intelligence Services Act 2001.
Deputy Director-General means an officer of the Organisation who
holds office as Deputy Director-General of Security.
Director-General means the Director-General of Security holding
office under this Act.
foreign intelligence means intelligence relating to the
capabilities, intentions or activities of a foreign power.
foreign power means:
(a) a foreign government;
(a) a search of a person conducted by quickly running the hands over the
person's outer garments; and
(a) the Australian Secret Intelligence Service;
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
permanent resident means a person:
(a) in the case of a natural person:
(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
security means:
(a) the protection of, and of the people of, the Commonwealth and the
several States and Territories from:
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
violence includes the kidnapping or detention of a person.
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.
(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.
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.
(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 company the whole of the share capital of which is held by the
Commonwealth.
certified copy, in relation to a warrant or an instrument
revoking a warrant, means a copy of the warrant or instrument that has been
certified in writing by the Director-General or a Deputy Director-General to be
a true copy of the warrant or instrument.
(b) an entity that is directed or controlled by a foreign government or
governments; or
(c) a foreign political organisation.
frisk search means:
(b) an examination of anything worn or carried by the person that is
conveniently and voluntarily removed by the person.
intelligence or security agency means any of the following:
(b) the Office of National Assessments;
(c) that part of the Department of Defence known as the Defence Imagery and
Geospatial Organisation;
(d) that part of the Department of Defence known as the Defence Intelligence
Organisation;
(e) that part of the Department of Defence known as the Defence Signals
Directorate.
Judge means a Judge of a court created by the Parliament.
(b) an examination of those items.
Organisation means the Australian Security Intelligence
Organisation.
(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:
(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 terrorism offences; or
(c) acts that are offences punishable under the Crimes (Foreign Incursions
and Recruitment) Act 1978, 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.
(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
(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).
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.
(b) an examination of the person's body (but not of the person's body
cavities) and of those garments.
terrorism offence means an offence against Division 72 or
Part 5.3 of the Criminal Code.
Note: A person can commit a terrorism offence against
Part 5.3 of the Criminal Code even if no terrorist act (as defined
in that Part) occurs.
Territory does not include the Australian Capital Territory or
the Northern Territory.