I, Peter Keaston Reith, Minister of State for Defence, being the Ministor
responsible for the Defence Signals Directorate (DSD), hereby make the
following rules, in accordance with section 15 of the Intelligence Services
Act 2001 ("the Act"), regulating the communication and retention by DSD
of intelligence information concerning Australian persons.

1.	In making these Rules, I have had regard to the need to ensure that
the privacy of Australian persons is preserved as far as is consistent
with the proper performance by DSD of its functions.

2.	Before making these Rules I have:
	
	a) consulted the Director of DSD, the Inspector-General of
	   Intelligence and Security (IGIS) and the Attorney-General; and

	b) provided a copy of the Rules I was proposing to make to the
	   IGIS and the Attorney-General.

COMMUNICATION

3.	DSD may communicate intelligence information concerning an Australian
person when:

	a) the information relates to activities in which the involvement
	   of that Australian person is already public knowledge; or

	b) the information relates to activities in respect of which the
	   Australian person is a representative of the Commonwealth or of 
	   a State or Territory in the normal course of official duties; or

	c) the deletion of that part of the intelligence information
	   concerning the Australian person would significantly diminish 
	   the utility of the information for the purpose of:

		i.   maintaining Australia's national security;

		ii.  maintaining Australia's economic well-being;

		iii. promoting Australia's foreign relations;

		iv.  preventing or investigating the commission of a 
		     serious crime;

		v.   responding to an apparent threat to safety of a 
		     person;

		vi.  responding to a serious risk to an Australian
		     intelligence operation or operative; or

	d) the information relates to an Australian person who is acting for,
	   or on behalf of, or is suspected of acting for, or on behalf of,
	   a foreign power.

In all such cases, DSD shall keep a record of the communication for inspection
by the IGIS.

4.	DSD shall establish arrangements to ensure that the communication
of such information is limited to those with a need to know in accordance 
with the Government's requirements.

PRESUMPTION OF NATIONALITY

5.	Where it is not clear whether an individual is an Australian 
person or not, the following presumptions shall apply unless evidence to 
the contrary is obtained:

	a) a person within Australia shall be presumed to be an 
	   Australian person, and

	b) a person outside Australia shall be presumed to be a 
	   non-Australian person, subject to consideration of any evidence 
	   as to nationality that may be contained in the relevant 
	   communication or the general context in which the intelligence 
	   was obtained.

6.	If DSD identifies that it has communicated intelligence information
concerning an Australian person:

	a) contrary to these Rules; or

	b) because the presumption in paragraph 5 has been found to be 
	   incorrect; then DSD shall immediately consult with IGIS with a 
	   view to determining what appropriate action should be taken to 
	   protect the privacy of the Australian person.

RETENTION

7.	Intelligence information concerning Australian persons shall be 
retained by the DSD in a manner applicable to retention of information 
having a security classification of not less than Secret.  Specifically, 
access to such information within DSD shall be permitted only when there 
is a need to know that the information for the proper performance of 
DSD's functions.

DEFINITIONS

8. Expressions used in these Rules have the same meaning as in the Act.

Dated this 28th day of October 2001

[signature: Peter Reith]

PETER REITH