Commonwealth Consolidated Acts

AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979 - SECT 8

             (1)  The Organisation shall be under the control of the Director‑General.

             (2)  Subject to subsections (4) and (5), in the performance of the Director‑General's functions under this Act, the Director‑General is subject to the directions of the Minister.

             (3)  If the Director‑General requests that a direction of the Minister be put in writing, the Minister shall comply with the request.

             (4)  The Minister is not empowered to override the opinion of the Director‑General concerning the nature of the advice that should be given by the Organisation.

             (5)  The Minister is not empowered to override the opinion of the Director‑General:

                     (a)  on the question whether the collection of intelligence by the Organisation concerning a particular individual would, or would not, be justified by reason of its relevance to security; or

                     (b)  on the question whether a communication of intelligence concerning a particular individual would be for a purpose relevant to security;

except by a direction contained in an instrument in writing that sets out the Minister's reasons for overriding the opinion of the Director‑General.

             (6)  The Minister shall, as soon as practicable after giving a direction in writing to the Director‑General, cause a copy of the direction to be given to the Inspector‑General of Intelligence and Security and, if the direction relates to a question referred to in subsection (5), to the Prime Minister.

             (7)  Where intelligence is collected or communicated pursuant to a direction referred to in subsection (5), the Director‑General shall cause a record in writing to be kept of the intelligence so collected or communicated.