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Intelligence Services Bill 2001

Part 3 Administration

   

14   Appointment of members

             (1)  The members who are members of the House of Representatives must be appointed by resolution of the House on the nomination of the Prime Minister.

             (2)  Before nominating the members, the Prime Minister must consult with the Leader of each recognised political party that is represented in the House and does not form part of the Government.

             (3)  The members who are Senators must be appointed by resolution of the Senate on the nomination of the Leader of the Government in the Senate.

             (4)  Before nominating the members, the Leader of the Government in the Senate must consult with the Leader of each recognised political party that is represented in the Senate and does not form part of the Government.

             (5)  In nominating the members, the Prime Minister and the Leader of the Government in the Senate must have regard to the desirability of ensuring that the composition of the Committee reflects the representation of recognised political parties in the Parliament.

             (6)  A person is not eligible for appointment as a member if the person is:

                     (a)  a Minister; or

                     (b)  the President of the Senate; or

                     (c)  the Speaker of the House of Representatives.

15   Term of office

             (1)  A member holds office during the pleasure of the House of the Parliament by which the member was appointed.

             (2)  A member ceases to hold office as a member:

                     (a)  when the House of Representatives expires by the passing of time or is dissolved; or

                     (b)  if the person becomes the holder of an office specified in any of the paragraphs of subclause 14(6); or

                     (c)  if the person ceases to be a member of the House of the Parliament by which the person was appointed; or

                     (d)  if the person resigns the office.

             (3)  A member who is a Senator may resign his or her office by giving a signed notice of resignation to the President of the Senate.

             (4)  A member who is a member of the House of Representatives may resign his or her office by giving a signed notice of resignation to the Speaker of the House of Representatives.

             (5)  Either House of the Parliament may appoint one of its members to fill a vacancy among the members of the Committee appointed by that House.

16   Chair

             (1)  There must be a Chair of the Committee who must be a Government member elected by the members from time to time.

             (2)  The Chair holds office during the pleasure of the Committee.

             (3)  A person holding office as Chair ceases to hold the office if:

                     (a)  the person ceases to be a member; or

                     (b)  the person resigns the office.

             (4)  A person holding office as Chair may resign the office by giving a signed notice of resignation to a meeting of the Committee.

17  Meetings

             (1)  The Committee may meet at such times and, subject to subclause (3), at such places in Australia as the Committee decides by resolution or, subject to a resolution of the Committee, as the Chair decides.

             (2)  The Committee may meet and transact business even though the Parliament has been prorogued.

             (3)  Before the Committee or the Chair decides a place of meeting, the Chair must obtain advice from the Director-General of Security and the Director-General of ASIS as to the suitability of the place.

             (4)  The Chair must preside at all meetings of the Committee at which he or she is present.

             (5)  If the Chair is not present at a meeting of the Committee, the members present are to appoint a member to preside, and the member so appointed may exercise, in relation to the meeting and any matter arising out of the meeting, any of the powers of the Chair.

             (6)  The Committee must keep minutes of its proceedings.

18   Quorum

             (1)  At a meeting of the Committee, a quorum is constituted if:

                     (a)  at least 4 members are present; and

                     (b)  subject to subclause (2), a majority of the members present are Government members.

             (2)  There may be an equal number of Government members and non-Government members if the presiding member is a Government member.

19   Voting at meetings

             (1)  A question arising at a meeting is to be decided by a majority of the votes of the members present and voting.

             (2)  The member presiding at the meeting has a deliberative vote.

             (3)  The member presiding at the meeting has a casting vote if votes are equal.

20   Proceedings

             (1)  The proceedings of the Committee are to be conducted in the manner determined by the Committee.

             (2)  The Committee must not, without the approval of the Minister responsible for ASIO and the Minister responsible for ASIS, conduct a review in public.

             (3)  At a review conducted in private, the Committee may give directions as to the persons who may be present. In giving such directions, the Committee must have regard to the requirements of security and any other matters the Committee thinks fit.

21   Staff of the Committee must be cleared for security purposes

                   Each member of the staff of the Committee must be cleared for security purposes to the same level and at the same frequency as staff members of ASIS.

22   Protection of information and documents

             (1)  The Committee must make arrangements acceptable to the Director-General of Security and the Director-General of ASIS for the security of any information held and any records made by the Committee.

             (2)  The Committee must ensure that any documents having a national security classification provided to the Committee are returned as soon as possible after the members have examined them.