INSPECTOR-GENERAL OF INTELLIGENCE AND SECURITY AMENDMENT BILL 2011

i Inspector-General of Intelligence and Security Amendment Bill 2011 No. , 2011

Contents

1 Short

title

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2 Commencement

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3 Schedule(s)

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Schedule 1--Amendment of the Inspector-General of

Intelligence and Security Act 1986

Schedule 2--Consequential amendment

Anti-Money Laundering and Counter-Terrorism Financing Act 2006

Inspector-General of Intelligence and Security Amendment Bill 2011 No. , 2011 1

A Bill for an Act to amend the Inspector-General of

Intelligence and Security Act 1986, and for related

purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Inspector-General of Intelligence and

Security Amendment Act 2011.

2 Commencement

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

2 Inspector-General of Intelligence and Security Amendment Bill 2011 No. , 2011

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 to 3

and anything in

this Act not

elsewhere covered

by this table

The day this Act receives the Royal Assent.

2. Schedules 1

and 2

The day after this Act receives the Royal

Assent.

Note:

This table relates only to the provisions of this Act as originally

enacted. It will not be amended to deal with any later amendments of

this Act.

(2) Any information in column 3 of the table is not part of this Act.

Information may be inserted in this column, or information in it

may be edited, in any published version of this Act.

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or

repealed as set out in the applicable items in the Schedule

concerned, and any other item in a Schedule to this Act has effect

according to its terms.

Amendment of the Inspector-General of Intelligence and Security Act 1986 Schedule 1

Inspector-General of Intelligence and Security Amendment Bill 2011 No. , 2011 3

Schedule 1--Amendment of the

Inspector-General of Intelligence and

Security Act 1986

1 At the end of section 4

Add:

; and (d) to assist the Government in assuring the Parliament and the

public that intelligence and security matters relating to

Commonwealth agencies are open to scrutiny, in particular

the activities and procedures of intelligence agencies.

2 Paragraph 8(2)(c)

After "responsible Minister", insert "or of the Inspector-General's own

motion".

3 Subsections 8(5), (6) and (7)

Repeal the subsections, substitute:

(5) The functions of the Inspector-General under subsections (1), (2)

and (3) do not include inquiring into a matter to which a complaint

to the Inspector-General made by an employee of DIGO, DSD,

DIO or ONA relates to the extent that the matter is directly related

to:

(a) the promotion, termination of appointment, discipline or

remuneration of the employee by the agency; or

(b) another matter relating to the agency's employment of the

employee.

(6) The functions of the Inspector-General include inquiring into a

matter to which a complaint to the Inspector-General made by an

ASIO employee or an ASIS employee relates to the extent that the

matter is directly related to:

(a) the promotion, termination of appointment, discipline or

remuneration of the employee by ASIO or ASIS; or

(b) another matter relating to the employment of the employee

by ASIO or ASIS.

(7) However, the Inspector-General must not inquire into a matter

referred to in subsection (6) to the extent that the employee can

Schedule 1 Amendment of the Inspector-General of Intelligence and Security Act 1986

4 Inspector-General of Intelligence and Security Amendment Bill 2011 No. , 2011

have the matter reviewed by a body constituted by, or including,

persons other than:

(a) for an ASIO employee--the Director-General of Security or

ASIO employees; and

(b) for an ASIS employee--the Director-General of ASIS or

ASIS employees.

Note:

See also subsection 11(5).

4 Section 14

Before "Where", insert "(1)".

5 At the end of section 14

Add:

(2) Of his or her own motion, the Inspector-General may make

inquiries of the head of an intelligence agency:

(a) to determine whether the Inspector-General is authorised to

inquire into an action of the agency; or

(b) to determine whether the Inspector-General should inquire

into the action if the Inspector-General is authorised to

inquire into it.

6 After subsection 22(4)

Insert:

(4A) If, under subsection (4), the Inspector-General gives to a

responsible Minister a copy of:

(a) a final agency copy; or

(b) a version of a final agency copy;

the Inspector-General:

copy, or version, that he or she gave to the responsible

Minister, if the Prime Minister requests it; and

(d) may give to the Prime Minister a copy of the final agency

copy, or version, that he or she gave to the responsible

Minister, if the Inspector-General considers it appropriate to

do so.

7 Subsection 32(1)

Repeal the subsection, substitute:

Amendment of the Inspector-General of Intelligence and Security Act 1986 Schedule 1

Inspector-General of Intelligence and Security Amendment Bill 2011 No. , 2011 5

(1) The staff necessary to assist the Inspector-General are:

(a) persons engaged under the Public Service Act 1999; and

(b) any persons employed under subsection (3).

8 At the end of section 32

Add:

(3) The Inspector-General may, by written agreement, employ a

person to assist the Inspector-General to perform functions and

exercise powers under Division 3 or 4 of Part II for the purposes of

a particular inquiry specified in the agreement, as delegated under

section 32AA.

(4) However, the Inspector-General may only employ a person in

relation to a particular inquiry if the responsible Minister is

satisfied that:

(a) it is necessary to employ a person in relation to the particular

inquiry; and

(b) the person has the expertise appropriate to the inquiry.

(5) The Inspector-General must determine in writing the terms and

conditions of employment of the persons mentioned in

paragraph (1)(b).

(6) Unless the responsible Minister otherwise agrees in relation to a

particular inquiry, the person proposed to be employed in relation

to the inquiry must be cleared for security purposes to at least the

same level, and at the same frequency, as staff members of ASIS.

9 At the end of Part III

Add:

32AA Delegation

(1) The Inspector-General may, by writing signed by the

Inspector-General, delegate all or any of his or her functions or

powers under Division 3 or 4 of Part II to a person referred to in

subsection 32(3) for the purposes of the particular inquiry

concerned.

Note 1:

For further provisions relating to delegations, see sections 34AB and

34A of the Acts Interpretation Act 1901.

Schedule 1 Amendment of the Inspector-General of Intelligence and Security Act 1986

6 Inspector-General of Intelligence and Security Amendment Bill 2011 No. , 2011

Note 2:

For variation and revocation of an instrument of delegation, see

subsection 33(3) of the Acts Interpretation Act 1901.

(2) In exercising functions or powers under a delegation, the delegate

must comply with any written directions of the Inspector-General.

(3) On request by a person affected by a delegate's performance of a

function, or exercise of a power, the delegate must produce the

instrument of delegation (or a copy of it) for the person to inspect.

10 Paragraphs 34(1)(a), (1AA)(a) and (1AB)(a)

After "to any person", insert "or to a court".

11 Subsection 34(5)

Omit all the words from and including "A person" to and including "as

a member of the staff of the Inspector-General", substitute "If a person

is prohibited by this section from disclosing information, the person".

12 Paragraph 34(5)(a)

Before "section 60A", insert "Division 9 of Part VII or".

13 Before paragraph 34(5)(c)

Insert:

(ba) if the person has custody of, or access to, the document

because the person is performing functions or duties or

exercising powers under this Act--for the purposes of this

Act; and

(bb) if the person has custody of, or access to, the document

because the person is performing functions or duties or

exercising powers under Division 9 of Part VII of the

Freedom of Information Act 1982--for the purposes of that

Division; and

(bc) if the person has custody of, or access to, the document

because the person is performing functions or duties or

exercising powers under section 60A of the Freedom of

Information Act 1982--for the purposes of that section; and

(bd) if the person has custody of, or access to, the document

because the person is performing functions or duties or

exercising powers under section 50A of the Archives Act

1983--for the purposes of that section; and

Amendment of the Inspector-General of Intelligence and Security Act 1986 Schedule 1

Inspector-General of Intelligence and Security Amendment Bill 2011 No. , 2011 7

14 Subsection 34A(1)

Omit "the Commissions", substitute "a Commission".

15 Subsection 34A(7) (definition of Commission)

Repeal the definition, substitute:

Commission means a Royal Commission (within the meaning of

the Royal Commissions Act 1902) prescribed for the purposes of

this definition and includes:

(a) a person appointed to assist the person or persons constituting

the Commission; and

(b) a person or employee under the control of the person or

persons constituting the Commission;

performing any function in relation to the inquiry concerned.

Schedule 2 Consequential amendment

8 Inspector-General of Intelligence and Security Amendment Bill 2011 No. , 2011

Schedule 2--Consequential amendment

Anti-Money Laundering and Counter-Terrorism Financing

Act 2006

1 Section 5 (paragraph (b) of the definition of IGIS official)

Repeal the paragraph, substitute:

(b) any other person covered by subsection 32(1) of the

Inspector-General of Intelligence and Security Act 1986.

Commonwealth of Australia Bills

INSPECTOR-GENERAL OF INTELLIGENCE AND SECURITY AMENDMENT BILL 2011