Document ID: chunk:federal_register_of_legislation:C2024C00797:clause:2_1:p1
Version: federal_register_of_legislation:C2024C00797
Segment Type: clause
Provision Reference: sch 2 cl 1 (pt 1/3)
Character Range: 185569–188189

1  Provision of weapons, training etc.
 (1) The provision of a weapon, or training in the use of a weapon or in self‑defence techniques, 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 enabling the person:
 (i) to protect himself or herself; or
 (ii) to protect a staff member or agent of ASIS; or
 (iii) to protect a person who is cooperating with ASIS in accordance with section 13; or
 (iiia) to protect another person, or class of persons, specified in the Minister's approval under subclause (3); or
 (iv) to provide training to staff members or agents of ASIS; and
 (c) in accordance with a Ministerial approval given under subclause (3).
 (1A) The provision to a person of a weapon, or training in the use of a weapon or in self‑defence techniques, is not prevented by subsection 6(4) if:
 (a) the person:
 (i) is an officer of an authority with which ASIS is cooperating in accordance with paragraph 13(1)(c); or
 (ii) is an officer (however described) of a Commonwealth authority, or a State authority, and is authorised in that capacity to carry and use weapons; and
 (b) it is provided in accordance with a Ministerial approval under subclause (3A) in relation to the person; and
 (c) it is provided for the purpose of enabling the person:
 (i) to protect himself or herself; or
 (ii) to protect a staff member or agent of ASIS; or
 (iii) to protect a person who is cooperating with ASIS in accordance with section 13; or
 (iv) to protect another person, or class of persons, specified in the Minister's approval under subclause (3A).
 (2) The use of a weapon or self‑defence techniques is not prevented by subsection 6(4) if:
 (a) the weapon or techniques are used:
 (i) for a purpose covered by paragraph (1)(b); or
 (ii) in training in accordance with subclause (1) or (1A); and
 (b) in a case covered by any of subparagraphs (1)(b)(i) to (iiia)—the weapon or techniques are used outside Australia; and
 (c) guidelines have been issued by the Director‑General of ASIS under subclause (6); and
 (d) the weapon or techniques are used in compliance with those guidelines.
 (2A) The use of a weapon or self‑defence techniques is not prevented by subsection 6(4) if:
 (a) the weapon or techniques are used in the proper performance of a function of ASIS; and
 (b) the weapon or techniques are used in a controlled environment; and
 (c) guidelines have been issued by the Director‑General of ASIS under subclause (6); and
 (d) the weapon or techniques are used in compliance with those guidelines.
Example: The following