Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Act 2026 (1 of 2026)

Schedule 2   Firearms amendments

Part 2   Firearms background checks

Division 2   ACC and ASIO amendments

Australian Security Intelligence Organisation Act 1979

30   Before section 93A

Insert:

92E Automation of specified assessment action

(1) The Director-General may, in writing, arrange for the use, undertheDirector-General'soversight, of computer programs to take specified assessment action that may, or must, be taken by the Organisation under this Act.

(2) Before making an arrangement under subsection (1), the Director-General must consult the Inspector-General of Intelligence and Security.

(3) As soon as practicable after making an arrangement under subsection (1), the Director-General must give a copy of the arrangement to the Inspector-General of Intelligence and Security.

(4) Specified assessment action has the meaning given by an instrument made by the Minister under subsection 92F(1).

Organisation treated as having taken specified assessment action

(5) Specified assessment action taken by the operation of a computer program under an arrangement under subsection (1) is treated, for all purposes, as specified assessment action taken by the Organisation.

Substituting specified assessment action

(6) The Organisation may take specified assessment action (the substituted action ) in substitution for specified assessment action the Organisation is treated as having taken under subsection (5) if the Organisation is satisfied that the specified assessment action taken by the operation of the computer program is not the correct or preferable action.

(7) The substituted action takes effect on:

(a) if the Organisation specifies the day on which the substituted action takes effect - that specified day; or

(b) otherwise - the day of the specified assessment action taken by the operation of the computer program.

(8) The day specified under paragraph (7)(a) may be earlier than the day the substituted action is taken but not earlier than the day of the specified assessment action taken by the operation of the computer program.

Organisation may still take specified assessment action

(9) An arrangement under subsection (1) does not prevent the Organisation from taking specified assessment action.

Reference to Organisation

(10) In this section, a reference to the Organisation includes a reference to the Director-General exercising powers or performing functions on behalf of the Organisation.

Arrangement not a legislative instrument

(11) An arrangement under subsection (1) is not a legislative instrument.

92F Instrument defining specified assessment action

(1) The Minister may make an instrument for the purposes of subsection 92E(4) (meaning of specified assessment action ).

Note: For variation and revocation of an instrument, see subsection 33(3) of the Acts Interpretation Act 1901.

(2) Before making an instrument under subsection (1), the Minister must consult the Inspector-General of Intelligence and Security.

(3) As soon as practicable after making an instrument under subsection (1), the Minister must:

(a) notify the Committee on Intelligence and Security; and

(b) give a copy of the instrument to the Inspector-General of Intelligence and Security.

(4) The Committee on Intelligence and Security may request a briefing on the instrument.

(5) An instrument made under subsection (1) is not a legislative instrument.

92G Oversight and safeguards for automation of specified assessment action

Director-General to ensure specified assessment action is action that could be validly taken

(1) The Director-General must take all reasonable steps to ensure that specified assessment action taken by the operation of a computer program under an arrangement under subsection 92E(1) is specified assessment action that the Organisation could validly take under this Act.

(2) Without limiting subsection (1), the Director-General must do the things (if any) prescribed by the regulations for the purposes of this subsection.

Note: Specified assessment action may still be invalid even if subsections (1) and (2) are complied with.

(3) A failure to comply with subsection (1) or (2) does not affect the validity of the specified assessment action taken by the operation of a computer program under an arrangement under subsection 92E(1).

Reference to Organisation

(4) In this section, a reference to the Organisation includes a reference to the Director-General exercising powers or performing functions on behalf of the Organisation.