Document ID: chunk:federal_register_of_legislation:C2018A00161:clause:3_1:p1
Version: federal_register_of_legislation:C2018A00161
Segment Type: clause
Provision Reference: sch 3 cl 1 (pt 1/3)
Character Range: 6411–9050

1  Provision of weapons, training etc.
 (1) The provision of a weapon, or training in the use of force (including in the use of a weapon), for the purposes of activities undertaken by ASIS outside Australia is not prevented by subsection 6(4) if it is provided:
 (a) to a person who is a staff member or agent of ASIS; and
 (b) for the purpose of preventing, mitigating or removing:
 (i) a significant risk to a person's safety; or
 (ii) a significant threat to security (within the meaning of paragraphs (a) and (aa) of the definition of security in section 4 of the Australian Security Intelligence Organisation Act 1979); or
 (iii) a significant risk to the operational security of ASIS from interference by a foreign person or entity; and
 (c) in accordance with a Ministerial approval given under paragraph (3)(a).
 (2) The use of force (including the use of a weapon) against a person, or the threat of the use of force (including the use of a weapon) against a person, in the course of activities undertaken by ASIS outside Australia is not prevented by subsection 6(4) if:
 (a) the conduct is by a staff member or agent of ASIS; and
 (b) the conduct is for the purpose of preventing, mitigating or removing:
 (i) a significant risk to a person's safety; or
 (ii) a significant threat to security (within the meaning of paragraphs (a) and (aa) of the definition of security in section 4 of the Australian Security Intelligence Organisation Act 1979); or
 (iii) a significant risk to the operational security of ASIS from interference by a foreign person or entity; and
 (c) the conduct is in accordance with a Ministerial approval given under paragraph (3)(b); and
 (d) guidelines have been issued by the Director‑General of ASIS under clause 2; and
 (e) the conduct is in compliance with those guidelines.

Minister's approval
 (3) The Minister may approve:
 (a) the provision of a weapon, or training in the use of force (including in the use of a weapon) to:
 (i) a specified staff member or agent of ASIS; or
 (ii) the holder of a specified position in ASIS;
  for the purposes of specified activities undertaken by ASIS outside Australia; or
 (b) the use of force, or the threat of the use of force, against a specified person, or a specified class of persons, by:
 (i) a specified staff member or agent of ASIS; or
 (ii) the holder of a specified position in ASIS;
  in the course of specified activities undertaken by ASIS outside Australia.
 (4) The Minister (the approving Minister) must not give approval under paragraph (3)(b) unless:
 (a) the approving Minister has consulted with:
 (i) the Prime Minister; and
 (ii) the