Document ID: chunk:federal_register_of_legislation:C2018A00161:clause:3_1:p2
Version: federal_register_of_legislation:C2018A00161
Segment Type: clause
Provision Reference: sch 3 cl 1 (pt 2/3)
Character Range: 8783–11501

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 Attorney‑General; and
 (iii) the Defence Minister; and
 (iv) any other Minister who has responsibility for a matter that is likely to be significantly affected by an act that is to be approved; and
 (b) the approving Minister is satisfied that:
 (i) there are satisfactory arrangements in place to ensure that, in acting under the approval, nothing will be done beyond what is necessary having regard to the purposes for which the approval is given; and
 (ii) there are satisfactory arrangements in place to ensure that the nature and consequences of acts done under the approval will be reasonable having regard to the purposes for which the approval is given.
 (5) An approval under paragraph (3)(a) or (b) must be given by notice in writing to the Director‑General of ASIS.
 (6) The approval must specify:
 (a) any conditions that must be complied with in relation to the conduct approved; and
 (b) if the approval is for the provision of a weapon or training in the use of a weapon—the kind or class of weapon involved.
 (7) The approval is not a legislative instrument.
 (8) As soon as practicable after giving the Director‑General of ASIS an approval under paragraph (3)(a) or (b), the Minister must give a copy of the approval to:
 (a) the Inspector‑General of Intelligence and Security; and
 (b) if the approval is given under paragraph (3)(b)—the Prime Minister and each other Minister who was consulted about the approval under paragraph (4)(a).

Annual review of approvals
 (9) As soon as practicable after each year ending on 30 June, the Minister must:
 (a) consider whether the approvals in force under paragraphs (3)(a) and (b) at the end of the year are appropriate; and
 (b) in relation to any approval that is no longer appropriate:
 (i) amend the approval so that it is appropriate; or
 (ii) revoke the approval.
 (10) In considering whether an approval in force under paragraph (3)(b) at the end of a year is appropriate, the Minister must take into account whether the Minister is still satisfied of the matters mentioned in paragraph (4)(b).
 (11) As soon as practicable after subclause (9) has been complied with:
 (a) the Director‑General of ASIS must give the Inspector‑General of Intelligence and Security a report in writing outlining the action taken under subclause (9); and
 (b) if any part of the report relates to an approval under paragraph (3)(b)—the Minister must give a copy of that part of the report to the Prime