Document ID: chunk:federal_register_of_legislation:C2018A00161:clause:1_1
Version: federal_register_of_legislation:C2018A00161
Segment Type: clause
Provision Reference: sch 1 cl 1
Character Range: 2020–3390

1  After subsection 6(5)
Insert:
 (5A) Subsection (4) does not prevent:
 (a) the provision of weapons, or training in the use of force (including in the use of weapons) against a person, in accordance with Schedule 3, for the purposes of activities undertaken by ASIS outside Australia; or
 (b) the use of force against a person (including the use of weapons), in accordance with Schedule 3, in the course of activities undertaken by ASIS outside Australia; or
 (c) the threat of the use of force against a person (including the threat of the use of weapons), in accordance with Schedule 3, in the course of activities undertaken by ASIS outside Australia.
 (5B) Nothing in subsection (5) or (5A) permits conduct by a person (the actor) that:
 (a) would constitute torture; or
 (b) would subject a person to cruel, inhuman or degrading treatment; or
 (c) would involve the commission of a sexual offence against any person; or
 (d) is likely to cause the death of, or grievous bodily harm to, a person, unless the actor believes on reasonable grounds that the conduct is necessary to protect life or to prevent serious injury to another person (including the actor).
 (5C) Nothing in subsection (5) or Schedule 2 limits the operation of subsection (5A) or Schedule 3.
 (5D) Nothing in subsection (5A) or Schedule 3 limits the operation of subsection (5) or Schedule 2.