on 18-11-2013 08:04 PM
on 19-11-2013 04:03 AM
9 Ministerial authorisation
(1) Before a Minister gives an authorisation under this section, the Minister must be satisfied that:
(a) any activities which may be done in reliance on the authorisation will be necessary for the proper performance of a function of the agency concerned; and
(b) there are satisfactory arrangements in place to ensure that nothing will be done in reliance on the authorisation beyond what is necessary for the proper performance of a function of the agency; and
(c) there are satisfactory arrangements in place to ensure that the nature and consequences of acts done in reliance on the authorisation will be reasonable, having regard to the purposes for which they are carried out.
(1A) Before a Minister gives an authorisation under this section for an activity, or a series of activities, of a kind mentioned in subparagraph 8(1)(a)(i) or (ii), the Minister must also:
(a) be satisfied that the Australian person mentioned in that subparagraph is, or is likely to be, involved in one or more of the following activities:
(i) activities that present a significant risk to a person’s safety;
(ii) acting for, or on behalf of, a foreign power;
(iii) activities that are, or are likely to be, a threat to security;
(iv) activities related to the proliferation of weapons of mass destruction or the movement of goods listed from time to time in the Defence and Strategic Goods List (within the meaning of regulation 13E of the Customs (Prohibited Exports) Regulations 1958);
(iva) activities related to a contravention, or an alleged contravention, by a person of a UN sanction enforcement law;
(v) committing a serious crime by moving money, goods or people;
(vi) committing a serious crime by using or transferring intellectual property;
(vii) committing a serious crime by transmitting data or signals by means of guided and/or unguided electromagnetic energy; and
(b) if the Australian person is, or is likely to be, involved in an activity or activities that are, or are likely to be, a threat to security (whether or not covered by another subparagraph of paragraph (a) in addition to subparagraph (a)(iii))—obtain the agreement of the Minister responsible for administering the Australian Security Intelligence Organisation Act 1979.
(1B) In subsection (1A):
security has the same meaning as in the Australian Security Intelligence Organisation Act 1979.
Note: For serious crime see section 3.
UN sanction enforcement law has the same meaning as in the Charter of the United Nations Act 1945.
(2) The Minister may give an authorisation in relation to:
(a) an activity, or class of activities, specified in the authorisation; or
(b) acts of a staff member or agent, or a class of staff members or agents, specified (whether by name or otherwise) in the authorisation; or
(c) activities done for a particular purpose connected with the agency’s functions.
(3) An authorisation is subject to any conditions specified in it.
(4) An authorisation must be in writing and must specify how long it will have effect. The period of effect specified in an authorisation for an activity, or a series of activities, of a kind mentioned in subparagraph 8(1)(a)(i) or (ii), must not exceed 6 months.
(5) If a Minister gives an authorisation under this section in relation to an agency, the relevant agency head must ensure that a copy of the authorisation is kept by the agency and is available for inspection on request by the Inspector‑General of Intelligence and Security.
on 19-11-2013 04:07 AM
I bet Vivienne has been busy over the last couple of weeks
Inspector-General of Intelligence and Security (IGIS)
The current Inspector-General of Intelligence and Security (IGIS) is Dr Vivienne Thom.
The IGIS provides independent assurance for the Prime Minister, senior ministers and Parliament as to whether Australia's intelligence and security agencies act legally and with propriety by inspecting, inquiring into and reporting on, their activities.
The IGIS may inquire into matters concerning ASIO and investigate complaints made by members of the public about any Australian Intelligence Community agency.
The IGIS reports annually to the Australian Government and publishes an unclassified report for parliament and the public.
The IGIS may also publish, or table in parliament, other reports considered to be in the public interest.
19-11-2013 04:14 AM - edited 19-11-2013 04:15 AM
Who gets to decide what is in the public's interest; the interested public or the secretive govt agencies?
19-11-2013 04:19 AM - edited 19-11-2013 04:21 AM
http://www.themonthly.com.au/issue/2010/november/1289174420/sally-neighbour/hidden-agendas
Hidden Agendas
On the northern shore of Canberra’s Lake Burley Griffin, in the heart of the prized parliamentary triangle, a concrete and glass monolith is rising from the dirt. On a site the size of three city blocks and with floor space measuring 62,000 square metres, it is the biggest construction project Canberra has seen since the new Parliament House, which was the most expensive building in the Southern Hemisphere when it was opened by Queen Elizabeth in 1988.
This grand edifice is to be the new home of Australia’s premier spy agency, the Australian Security Intelligence Organisation (ASIO). Costed at a staggering $585 million, the building has been called a “monster” by the architect of Parliament House. Yet it’s a fitting abode for an organisation that has grown over the past decade into one of the most powerful government bodies in the land – its staff numbers trebled, its budget increased more than sixfold to $438 million per year.
http://www.heraldsun.com.au/news/law-order/asio-caught-phone-tapping-ordinary-australians/story-fni0...
ASIO caught phone tapping ordinary Australians
October 31, 2013 8:00PM
The Inspector-General of Intelligence and Security, Vivienne Thom, exposed the alarming bungles in her annual report.
She found "human error" was to blame and ASIO had promised it had destroyed the information.
But neither Dr Thom or ASIO will detail the exact number of cases, how the information was intercepted and whether those inadvertently spied upon were ever told.
An ASIO spokeswoman last night said those details "go to intelligence matters and, in line with long standing practice,
ASIO does not comment on intelligence matters".
on 19-11-2013 04:25 AM
http://www.comlaw.gov.au/details/c2013c00283
11 Limits on agencies’ functions
(1) The functions of the agencies are to be performed only in the interests of Australia’s national security, Australia’s foreign relations or Australia’s national economic well‑being and only to the extent that those matters are affected by the capabilities, intentions or activities of people or organisations outside Australia.
(2) The agencies’ functions do not include:
(a) the carrying out of police functions; or
(b) any other responsibility for the enforcement of the law.
However, this does not prevent the agencies from:
(c) obtaining intelligence under paragraph 6(1)(a), 6B(a), (b), or (c) or 7(a) and communicating any such intelligence that is relevant to serious crime to the appropriate law enforcement authorities; or
(d) in the case of ASIS—performing the function set out in paragraph 6(1)(da) or providing assistance as mentioned in subsection 6(7); or
(e) in the case of DIGO—performing the functions set out in paragraphs 6B(e) and (f); or
(f) in the case of DSD—performing the functions set out in paragraphs 7(e) and (f).
Note: For police functions and serious crime see section 3.
(2AA) An agency may communicate incidentally obtained intelligence to appropriate Commonwealth or State authorities or to authorities of other countries approved under paragraph 13(1)(c) if the intelligence relates to the involvement, or likely involvement, by a person in one or more of the following activities:
(a) activities that present a significant risk to a person’s safety;
(b) acting for, or on behalf of, a foreign power;
(c) activities that are a threat to security;
(d) activities related to the proliferation of weapons of mass destruction or the movement of goods listed from time to time in the Defence and Strategic Goods List (within the meaning of regulation 13E of the Customs (Prohibited Exports) Regulations 1958);
(e) committing a serious crime.
(2A) The agencies’ functions do not include undertaking any activity for the purpose of furthering the interests of an Australian political party or other Australian political organisation.
(3) Subsection (1) does not apply to the functions described in paragraphs 6(1)(da), 6B(b), (c), (d), (e), (f) and (g), and 7(c), (d), (e) and (f).
12 Limits on agencies’ activities
An agency must not undertake any activity unless the activity is:
(a) necessary for the proper performance of its functions; or
(b) authorised or required by or under another Act.
on 19-11-2013 04:42 AM
there's some gold in the hidden agendas link... but to be serious it is our tax that pays these clowns
Hidden Agendas
Such a plethora of agencies, each jealously guarding its secrets, inevitably leads to overlap and duplication, along with rivalry, suspicion, information hoarding and turf wars.
There are myriad anecdotes to this effect.
A participant at a recent conference attended by representatives of various agencies in Sydney tells how delegates sniggered when an ASIO staffer told the gathering,
“you can’t write my name down, so if anyone’s written my name down would you please pass the piece of paper up to the front of the room.”
The speaker following him announced “my name’s [withheld] and you can write my name down and for **bleep**’s sake don’t hand the piece of paper up to the front.”
This second speaker was reportedly furious, having learnt that ASIO had kept important new research data to itself, and went on:
“This is supposed to be an adult working environment but as you can see it’s not. They lie to us continuously, and I don’t know why they do it, but it makes our job impossible.”
Gyngell says the agencies co-operate much more closely than they did 20 years ago, when they behaved like “powerful individual fiefdoms with limited contact with each other”
on 19-11-2013 04:05 PM
@just_me_karen wrote:
How poorly will Phoney Fibbott handle the situation?
Our PM's name is Tony Abbott and even if you don't like the man ( because he and his party won th election) at least you could respect the office and address him accordingly.
on 19-11-2013 04:10 PM
i'd say people dont like Abbott because he's a fraud, and a compulsive BS artist among other things.