Intelligence and Security Act 2017

Miscellaneous provisions - Ministerial policy statements

206: Issue of ministerial policy statements

You could also call this:

"The Minister gives rules to intelligence agencies on how to do their job, like keeping people's info safe and being honest."

Illustration for Intelligence and Security Act 2017

The Minister in charge of an intelligence and security agency must give them guidance on certain matters. You need to know what these matters are. The Minister must issue statements that guide the agency on things like providing cybersecurity activities as outlined in section 11 and section 12.

The agency also needs guidance on using assumed identities as described in subpart 1 of Part 3, and creating legal entities as outlined in subpart 2 of Part 3. The Minister's statements must guide the agency on collecting information from people without a warrant, as described in section 78, and on conducting surveillance in public places.

The Minister's guidance also covers obtaining and using publicly available information, and requesting information from other agencies as outlined in section 121. The agency needs guidance on managing the information they collect, including how to store and destroy it. The Minister's statements must also guide the agency on making false representations about their employment, as described in section 228, and on conducting activities that are exempt from the Land Transport (Road User) Rule 2004 as outlined in section 231.

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Part 7Miscellaneous provisions
Ministerial policy statements

206Issue of ministerial policy statements

  1. The Minister responsible for an intelligence and security agency must issue 1 or more ministerial policy statements that provide guidance to the intelligence and security agency in relation to the following matters:

  2. providing information assurance and cybersecurity activities under section 11 with consent (see section 12):
    1. acquiring, using, and maintaining an assumed identity under subpart 1 of Part 3:
      1. creating and maintaining a legal entity under subpart 2 of Part 3:
        1. collecting information lawfully from persons without an intelligence warrant or authorisation given under section 78:
          1. conducting surveillance in a public place:
            1. obtaining and using publicly available information:
              1. requesting information from agencies under section 121:
                1. the management of information obtained by an intelligence and security agency, including the retention and destruction of that information:
                  1. making false or misleading representations under section 228 about being employed with an intelligence and security agency:
                    1. conducting activities in accordance with an exemption from the Land Transport (Road User) Rule 2004 that is conferred by section 231.