View source for Australian Security Intelligence Organisation Act 1979

{{Short description|Act of the Parliament of Australia}}
{{Use Australian English|date=May 2018}}
{{Use dmy dates|date=May 2018}}
{{Infobox legislation
| short_title    = Australian Security Intelligence Organisation Act 1979
| legislature    = [[Parliament of Australia]]
| image         = Coat of Arms of Australia.svg
| long_title     = An Act relating to the Australian Security Intelligence Organisation
| introduced_by  =
| datepassed    =
| royal_assent   = 25 October 1979
| date_commenced =
| amendments    =
| related       = [[Intelligence Services Act 2001]]
| status        = Current
}}
The '''Australian Security Intelligence Organisation Act 1979''' (the '''ASIO Act''') is an [[Act of Parliament|Act]] of the [[Parliament of Australia]] which replaced the ''Australian Security Intelligence Organisation Act 1956'', which had established the [[Australian Security Intelligence Organisation]] (ASIO) as a [[statutory]] body. ASIO is the [[counter-intelligence]] and [[security agency]] of Australia, which had been established in 1949 by Prime Minister Ben Chifley's [[Directive for the Establishment and Maintenance of a Security Service]] under the [[executive power]] of the [[Constitution of Australia|Constitution]], under the control of the [[Director-General of Security]] and responsible to the [[Attorney-General of Australia|Attorney-General]].
After passage of the ''National Security Legislation Amendment Act 2014'' by the Australian Parliament, ASIO officers are exempt from prosecution for a wide range of illegal activities in the course of conducting "operations". ASIO officers may carry arms, and the Minister responsible has the ability under certain conditions to approve the provision of any weapon or training to any specified person, even outside of ASIO officers.<ref name="National Security Legislation Amendment Bill (No.1) 2014">{{cite web |title=National Security Legislation Amendment Bill (No.1) 2014 |date=2014 |url=http://parlinfo.aph.gov.au/parlInfo/download/legislation/bills/s969_first-senate/toc_pdf/1417820.pdf;fileType=application%2Fpdf}}</ref>
==Director-General of Security==
The ASIO Act maintains the office of Director-General of Security and places ASIO under the Director-General's control.
==Officers of the organisation==
Officers of ASIO are employed under the ASIO Act, and are classed as ''Officers of the Commonwealth'' for the purposes of the [[Crimes Act 1914]], which among other provisions makes impersonating an ASIO officer a criminal offence.<ref>[http://www.theage.com.au/news/national/asio-agent-heffernan-makes-odd-calls/2007/06/23/1182019436635.html 'ASIO agent' Heffernan makes some odd calls], ''[[The Age]]'', 24 June 2007</ref> The ASIO Act also makes the identification of ASIO officers a criminal offence punishable by one year imprisonment.
==Special investigative powers==
The ASIO Act defines the special investigative powers available to ASIO under warrant signed by the Attorney-General:
*interception of telecommunications,
*examination of postal and delivery articles,
*use of clandestine surveillance and tracking devices,
*remote access to computers, including alteration of data to conceal that access,
*covert entry to and search of premises, including the removal or copying of any record or thing found therein, and
*conduct of an ordinary or frisk search of a person if they are at or near a premises specified in the warrant.
The Director-General also has the power to independently issue a warrant in situations where a warrant has been requested of the Attorney-General but not yet granted, and a serious security situation arises.
==Powers relating to investigation of terrorism==
{{update|section|date=August 2018}}
When investigating terrorism, the Director-General may also seek a warrant from an independent judicial authority to allow:
*the compulsory questioning of suspects,
*the detention of suspects by the [[Australian Federal Police]], and their subsequent interrogation by ASIO officers,
*ordinary, frisk or strip search of suspects by AFP officers upon their detainment,
*the seizure of passports, and
*the prevention of suspects leaving Australia.
The Director-General is not empowered to independently issue a terrorism-related warrant. These terrorism-related powers were scheduled to be automatically repealed on 22 July 2016.
==Offences==
Criminal offences established under the ASIO Act include:
* unauthorised communication of ASIO intelligence by an officer, employee or other person connected with ASIO - Penalty: 2 years' imprisonment,
* failure by an operator of an aircraft or vessel to answer questions from or provide documents to an ASIO officer relating to cargo, crew, passengers, stores or voyage - Penalty: 60 [[penalty units]].
* unauthorised publication of identity of officer, employee or agent of ASIO - Penalty: 1 year's imprisonment.
==See also==
* [[Intelligence Services Act 2001]]
==References==
* [http://www.comlaw.gov.au/ComLaw/Legislation/ActCompilation1.nsf/0/A60C4B5A61EAD841CA2572BB000165E9/$file/ASIO1979_WD02.pdf Australian Security Intelligence Organisation Act 1979 (Commonwealth)]
{{reflist|2}}
[[Category:1979 in Australian law]]
[[Category:Australian intelligence agencies]]
[[Category:Acts of the Parliament of Australia]]