AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979 - SECT 8A Guidelines

AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979 - SECT 8A

  (1)   The Minister may, from time to time, by written notice given to the Director - General, give to the Director - General guidelines to be observed:

  (a)   in the performance by the Organisation of its functions or the exercise of its powers; or

  (b)   in the exercise by the Director - General of his or her powers under sections   84, 85, 86 and 87.

  (1A)   Before making guidelines under subsection   (1), the Minister must consult with the Attorney - General.

  (2)   The Minister shall, as soon as practicable after the commencement of this section, by notice in writing given to the Director - General, give to the Director - General guidelines to be observed in relation to the performance of that part of the Organisation's functions that relates to politically motivated violence, and may, from time to time, vary or replace guidelines so given.

  (2A)   Before varying or replacing guidelines given under subsection   (2), the Minister must consult with the Attorney - General.

  (3)   Subject to subsection   (4), the Minister shall cause a copy of any guidelines given under subsection   (1) or (2) to be laid before each House of the Parliament within 15 sitting days of that House after the guidelines were given.

  (4)   Where the laying of a copy of guidelines before the Parliament in accordance with subsection   (3) would result in the disclosure of information that would, in the opinion of the Minister, be contrary to the public interest by reason that it would prejudice security, the defence of the Commonwealth, the conduct of the Commonwealth's international affairs or the privacy of individuals, the Minister may cause a copy of the guidelines to be laid before each House of the Parliament with such deletions as the Minister thinks necessary to avoid that result or decline to cause a copy to be laid before each House of the Parliament.

  (5)   The Minister shall, in accordance with arrangements made between the Minister and the Leader of the Opposition in the House of Representatives, make available to the Leader of the Opposition a copy of any guidelines given under subsection   (1) or (2), but it is the duty of the Leader of the Opposition to treat as secret any part of those guidelines that has not been laid before a House of the Parliament.

  (6)   The Minister shall, as soon as practicable after guidelines under subsection   (1) or (2) are given to the Director - General, give a copy of the guidelines to the Inspector - General of Intelligence and Security and, unless the Minister considers it inappropriate to do so, to the Committee on Intelligence and Security.