D. Notifications and other reports provided to the Committee

D. Notifications and other reports provided to the Committee

Intelligence Services Act 2001

Item

Number of notifications and reports

Section 6A

If the responsible Minister gives direction under paragraph 6(1)(e) of the IS Act the Minister must as soon as practicable advise the Committee of the nature of the activity or activities to be undertaken.

1

Paragraph 9B(8A)(c)

If the Inspector-General of Intelligence and Security produces a report on compliance with provisions relating to emergency authorisations made by an agency head where no Minister is available, the Committee must be provided with a copy of the conclusions in the report.

0

Paragraph 9C(6)(c)

If the Inspector-General of Intelligence and Security produces a report on compliance with provisions relating to an emergency authorisation by an agency head where agreement is not provided by the Attorney-General, Director-General of ASIO, or both, the Committee must be provided with a copy of the conclusions in the report.

0

Paragraph 9D(8)(c)

If the Inspector-General of Intelligence and Security produces a report on compliance with provisions relating to an emergency authorisation by an agency head where there is imminent risk to the safety of an Australian person, the Committee must be provided with a copy of the conclusions in the report.

1

Section 15

If rules governing the manner in which ASIS, ASD or AGO communicate and retain intelligence information concerning Australians change the Inspector-General of Intelligence and Security must brief the Committee on their content and effect.

0

Section 41C

If rules regulating the communication and retention by DIO of intelligence information concerning Australian persons change the Inspector-General of Intelligence and Security must brief the Committee on their content and effect.

0

Schedule 2, Subclause 1(7A)

If ASIS guidelines for the use of weapons and self-defence techniques change the Inspector-General of Intelligence and Security must brief the Committee on their content and effect.

Classified information

Not disclosed in accordance with Schedule 1, Clause 7 of the Intelligence Services Act 2001.

Australian Security Intelligence Organisation Act 1979

Item

Number of notifications and reports

Section 8A(6)

The Minister shall, unless the Minister considers it inappropriate to do so, give a copy to the Committee of Ministerial Guidelines given to the Director-General under Section 8A(1) or (2), as soon as practicable after being given.

1

Section 34AF

The Director-General of Security must brief the Committee on the written statement of procedures to be followed in the exercise of authority under a questioning warrant after it is approved by the Attorney-General.

1

Office of National Intelligence Act 2018

Item

Number of notifications and reports

Section 53

If rules governing the manner in which ONI collect, handle and retain intelligence information which is identifiable change the Inspector-General of Intelligence and Security must brief the Committee on their content and effect.

0

Telecommunications (Interception and Access) Act 1979

Item

Number of notifications and reports

Section 11C(6)(10A)

The Attorney-General must cause the Committee to be notified as soon as practicable about the issuing or varying of a mandatory procedure relating to intercepted foreign communications under section 11C.

1

Section 187B(7)

The Minister must give written notice to the Committee of any declaration made to require a service provider to retain data relating to a relevant service.

Classified information

Not disclosed in accordance with Schedule 1, Clause 7 of the Intelligence Services Act 2001.

Section 185D(1)(b)

The Minister must notify the Committee of any journalist information warrants issued to ASIO.

Classified information

Not disclosed in accordance with Schedule 1, Clause 7 of the Intelligence Services Act 2001.

Section 185D(5)(a)(ii)

The Minister must notify the Committee of any journalist information warrants issued to the AFP.

0

Section 185D(3)

For any report prepared by the Inspector-General of Intelligence and Security relating to a journalist information warrant issued to ASIO or an authorisation made under the authority of the warrant, the Minister must cause a copy of the report to be given to the Committee as soon as practicable.

Classified information

Not disclosed in accordance with Schedule 1, Clause 7 of the Intelligence Services Act 2001.

Section 185D(7)

For any report prepared by the Commonwealth Ombudsman relating to a journalist information warrant issued to the AFP or an authorisation made under the authority of the warrant, the Minister must cause a copy of the report to be given to the Committee as soon as practicable.

0

Section 185E(1)

For any report prepared by the Inspector-General of Intelligence and Security relating (wholly or partly) to the purpose or manner of ASIO’s access to retained telecommunications data by means of an authorisation under Division 3 of Part 4-1, the Minister must cause a copy of the report to be given to the Committee as soon as practicable.

0

Section 185E(3)

For any report prepared by the Commonwealth Ombudsman relating (wholly or partly) to the purpose or manner of the AFP’s access to retained telecommunications data by means of an authorisation under Division 4 or 4A of Part 4-1, the Minister must cause a copy of the report to be given to the Committee as soon as practicable.

0

Security of Critical Infrastructure Act 2018

Item

Number of notifications and reports

Section 35BK

For any directions made under sections35AK (information gathering) or 35AQ (action direction), or one or more requests under section35AX (intervention request), in relation to a cyber security incident, the Home Affairs Secretary must give the Committee a written report about the incident.

0

Subsection 52B(3)

The Home Affairs Minister must notify the Committee within 30 days of an asset and/or entity being declared a System of National Significance under that section

3 (each notifying the declaration of multiple assets/entities)

Section 60AAA

[Notifications received by the Committee from 1July 2024-20 December 2024 only. Section 60AAA was repealed with effect from 20December 2024.]

The Home Affairs Minister must provide a copy of the report created by the Home Affairs Secretary relating to the conduct, progress and outcomes of consultations undertaken by the Department in relation to amendments made to the Act by the Security Legislation Amendment (Critical Infrastructure) Act 2021 and the Security Legislation Amendment (Critical Infrastructure Protection) Act 2022.

2