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AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979 !!!The following amendments (No. 144, 2005 and No. 40, 2006 and No. 54, 2006 and No. 84, 2006 and No. 86, 2006) have not been incorporated. - List of Sections

Section

Compilation Information

Long Title

AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979
Part I—Preliminary

1. Short title [ see Note 1]
2. Commencement [ see Note 1]
3. Repeal
4. Definitions
4A. Application of the Criminal Code
5. Extension of Act to external Territories
5A. Copies of certain notices to be given to Inspector-General
AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979
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
AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979
Part III—Functions and powers of Organisation

AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979
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.
19. Co-operation with other authorities
20. Special responsibility of Director-General in relation to functions of Organisation
21. Leader of Opposition to be kept informed on security matters
AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979
Division 2—Special powers


22. Interpretation
24. Exercise of authority under warrants etc.
25. Search warrants
25AA. Conduct of ordinary or frisk search under search warrant
25A. Computer access warrant
26. Use of listening devices
26A. Unlawful and lawful uses of tracking devices
26B. Tracking device warrants relating to persons
26C. Tracking device warrants relating to objects
27. Inspection of postal articles
27AA. Inspection of delivery service articles
27A. Warrants for the performance of functions under paragraph 17(1)(e)
27B. Performance of other functions under paragraph 17(1)(e)
28. Request for warrant to specify grounds
29. Issue of certain warrants by Director-General in emergency
30. Discontinuance of action before expiration of warrant
31. Certain records obtained under a warrant to be destroyed
32. Certain action in relation to requests and warrants
34. Director-General to report to Minister
AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979
Division 3—Special powers relating to terrorism offences


AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979
Subdivision A—Preliminary


34A. Definitions
34AB. Issuing authorities
34B. Prescribed authorities
AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979
Subdivision B—Questioning, detention etc.


34C. Requesting warrants
34D. Warrants for questioning etc.
34DA. Person taken into custody under warrant to be immediately brought before prescribed authority
34E. Prescribed authority must explain warrant
34F. Detention of persons
34G. Giving information and producing things etc.
34H. Interpreter provided at request of prescribed authority
34HAA.Interpreter provided at request of person being questioned
34HAB.Inspector-General of Intelligence and Security may be present at questioning or taking into custody
34HA. Suspension of questioning etc. in response to concern of Inspector-General of Intelligence and Security
34HB. End of questioning under warrant
34HC. Person may not be detained for more than 168 hours continuously
AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979
Subdivision C—Miscellaneous


34J. Humane treatment of person specified in warrant
34JA. Entering premises to take person into custody
34JB. Use of force in taking person into custody and detaining person
34JBA.Surrender of passport by person in relation to whom warrant is sought
34JBB.Person in relation to whom warrant is sought must not leave Australia without permission
34JC. Surrender of passport by person specified in warrant
34JD. Person specified in warrant must not leave Australia without permission
34K. Video recording of procedures
34L. Power to conduct an ordinary search or a strip search
34M. Rules for conduct of strip search
34N. Power to remove, retain and copy materials etc.
34NA. Special rules for young people
34NB. Offences of contravening safeguards
34NC. Complaints about contravention of procedural statement
34P. Providing reports to the Minister
34Q. Providing information to the Inspector-General
34QA. Reporting by Inspector-General on multiple warrants
34R. Discontinuing action before warrants expire
34S. Certain records obtained under warrant to be destroyed
34SA. Status of issuing authorities and prescribed authorities
34T. Certain functions and powers not affected
34TA. Limit on contact of lawyer of choice
34TB. Questioning person in absence of lawyer of person's choice
34U. Involvement of lawyers
34V. Conduct of parents etc.
34VAA.Secrecy relating to warrants and questioning
34VA. Lawyers' access to information for proceedings relating to warrant
34W. Rules of Court about proceedings connected with warrants
34WA. Law relating to legal professional privilege not affected
34X. Jurisdiction of State and Territory courts excluded
34Y. Cessation of effect of Division
AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979
Part IV—Security assessments

AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979
Division 1—Preliminary


35. Interpretation
36. Part not to apply to certain assessments
AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979
Division 2—Furnishing of security assessments


37. Security assessments
38. Person to be notified of assessment
38A. Notification where assessment relates to Telecommunications Act
39. Effect of preliminary advice by Organisation
40. Assessments for State purposes
AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979
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 Minister
81. Secrecy
AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979
Part V—Staff of Organisation

84. Employment of officers and employees
85. Designation of offices etc.
86. Conditions of employment
87. Special provisions relating to existing employees
89. Termination of employment of officers
90. Regulations relating to staff
91. Application of Crimes Act
92. Publication of identity of officer of Organisation
AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979
Part VI—Miscellaneous

93. Offences
94. Annual report
95. Regulations
AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979
Notes to the Australian Security Intelligence Organisation Act 1979

Table A

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