Document ID: chunk:federal_register_of_legislation:C2024C00797:section:9:p1
Version: federal_register_of_legislation:C2024C00797
Segment Type: section
Provision Reference: s 9 (pt 1/4)
Character Range: 37333–40154

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