Document ID: chunk:federal_register_of_legislation:C2024C00797:section:8:p2
Version: federal_register_of_legislation:C2024C00797
Segment Type: section
Provision Reference: s 8 (pt 2/2)
Character Range: 35792–37331

referred to in paragraph 13(1)(c) to undertake a prescribed activity to obtain that intelligence.
 (1B) Prescribed activity means a covert and intrusive activity, or a series of covert and intrusive activities and, to avoid doubt, includes an activity, or a series of activities, that ASIO could not undertake in at least one State or Territory without it being authorised by warrant under:
 (a) Division 2 of Part III of the Australian Security Intelligence Organisation Act 1979; or
 (b) Part 2‑2 of the Telecommunications (Interception and Access) Act 1979.
 (2) The responsible Minister may give written directions to be observed:
 (a) in the performance by the relevant agency of its functions; or
 (b) in the case of ASIS—in the exercise of the powers of the Director‑General of ASIS under section 33 or 34.
 (3) Each agency head must ensure that the agency complies with any direction given by the responsible Minister under this section.
 (4) Directions under paragraph (2)(b) must not relate to a specific staff member.
 (5) A direction given under this section is not a legislative instrument.
Note: The Inspector‑General of Intelligence and Security has oversight powers in relation to Ministerial directions and authorisations given under this Act. See in particular section 32B of the Inspector‑General of Intelligence and Security Act 1986 (which requires the Minister to give a copy of a direction under this section to the Inspector‑General of Intelligence and Security as soon as practicable after the direction is given).