Document ID: chunk:federal_register_of_legislation:C2024C00797:section:13
Version: federal_register_of_legislation:C2024C00797
Segment Type: section
Provision Reference: s 13
Character Range: 70172–73029

13  Cooperation with other authorities in connection with performance of agency's own functions
 (1) Subject to any arrangements made or directions given by the responsible Minister, an agency may cooperate with:
 (a) Commonwealth authorities; and
 (b) State authorities; and
 (c) authorities of other countries approved by the Minister as being capable of assisting the agency in the performance of its functions;
so far as is necessary for the agency to perform its functions, or so far as facilitates the performance by the agency of its functions.
Note: For Commonwealth authority and State authority see section 3.

Cooperating with authorities of other countries—with approval
 (1A) However, an approval under paragraph (1)(c) does not enable ASIS to cooperate with an authority of another country in planning or undertaking:
 (a) activities covered by paragraphs 6(4)(a) to (c); or
 (b) training in the use of weapons or in self‑defence techniques;
unless, before giving the approval, the Minister consults with the Prime Minister and the Attorney‑General.
 (2) An approval under paragraph (1)(c) must be in writing.
 (3) Each agency head must ensure that a copy of any approval given by the relevant responsible Minister is kept by the agency and is available on request by the Inspector‑General of Intelligence and Security.

Cooperating with authorities of other countries—AGO
 (3A) Despite paragraph (1)(c), subject to any arrangements made or directions given by the responsible Minister, AGO may, for the purposes of performing its functions under paragraph 6B(1)(e), (ea) or (h), cooperate with authorities of other countries if they are capable of assisting AGO in the performance of its functions.
 (3B) The Director of AGO must, as soon as practicable after each year ending on 30 June, give to the responsible Minister and the Inspector‑General of Intelligence and Security a report about any significant cooperation under subsection (3A) by AGO with authorities of other countries referred to in that subsection.

Cooperating with authorities of other countries—ASD
 (4) Despite paragraph (1)(c), subject to any arrangements made or directions given by the responsible Minister, ASD may, for the purposes of performing its function under paragraph 7(1)(ca), cooperate with authorities of other countries if they are capable of assisting ASD in the performance of its functions.
 (5) The Director‑General of ASD must, as soon as practicable after each year ending on 30 June, give to the responsible Minister and the Inspector‑General of Intelligence and Security a report about any significant cooperation under subsection (4) by ASD with authorities of other countries referred to in that subsection.

Reports by AGO and ASD
 (6) A report under subsection (3B) or (5):
 (a) must be in writing; and
 (b) is not a legislative instrument.