Document ID: chunk:federal_register_of_legislation:C2024C00797:section:6:p2
Version: federal_register_of_legislation:C2024C00797
Segment Type: section
Provision Reference: s 6 (pt 2/3)
Character Range: 23479–26140

instrument.
 (4) In performing its functions, ASIS must not plan for, or undertake, activities that involve:
 (a) paramilitary activities; or
 (b) violence against the person; or
 (c) the use of weapons;
by staff members or agents of ASIS.
Note 1: This subsection does not prevent ASIS from being involved with the planning or undertaking of activities covered by paragraphs (a) to (c) by other organisations provided that staff members or agents of ASIS do not undertake those activities.
Note 2: For other limits on the agency's functions and activities see sections 11 and 12.
Note 3: For paramilitary activities see section 3.
 (5) Subsection (4) does not prevent:
 (a) the provision of weapons, or training in the use of weapons or in self‑defence techniques, in accordance with Schedule 2; or
 (b) the use of weapons or self‑defence techniques in accordance with Schedule 2.
 (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.
 (6) ASIS must not:
 (a) provide weapons; or
 (b) provide training in the use of weapons; or
 (c) provide training in the use of force, or the threat of the use of force, against a person; or
 (d) provide training in the use of self‑defence techniques;
other than in accordance with Schedule 2 or Schedule 3.
 (7) In performing its functions, ASIS is not prevented from providing assistance to Commonwealth authorities and to State authorities.