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Schedule 4—Transitional provisions

Schedule 4 Transitional provisions

Part 1 Definitions

1  Definitions

(1)       In this Schedule:

commencement means the day that this Schedule commences.

Director-General of ONA means the Director-General of ONA holding office under section 10 of the old law.

new law means the Office of National Intelligence Act 2018 .

old law means the Office of National Assessments Act 1977 , as in force immediately before commencement.

ONA means the Office of National Assessments established by section 4 of the old law.

(2)       An expression used in this Schedule that is also used in the new law has the same meaning in this Schedule as it has in the new law.

Part 2 Director-General’s continued appointment

2  Director-General of ONA continues as Director-General of National Intelligence

The person who held office as the Director-General of ONA immediately before commencement is taken to have been appointed as the Director-General of National Intelligence by the Governor-General under section 24 of the new law:

                     (a)  for the balance of the person’s term of appointment that remained immediately before commencement; and

                     (b)  in relation to remuneration and allowances—on the same terms and conditions as applied to the person before commencement; and

                     (c)  in relation to any other term and condition of appointment—on the terms and conditions provided for by Division 3 of Part 3 of the new law.

Part 3 References to, and things done by or in relation to, ONA or the Director-General

3  Things done by, or in relation to, ONA

(1)       If a thing was done by, or in relation to, ONA, then the thing is taken, for the purposes of the operation of any law on and after commencement, to have been done by, or in relation to, ONI.

(2)       The Prime Minister may, in writing, determine that subitem (1) does not apply in relation to a specified thing done by, or in relation to, ONA.

(3)       To avoid doubt, doing a thing includes making an instrument.

(4)       A determination under subitem (2) is not a legislative instrument.

4  Things done by, or in relation to, the Director-General of ONA

(1)       If a thing was done by, or in relation to, the Director-General of ONA, then the thing is taken, for the purposes of the operation of any law on and after commencement, to have been done by, or in relation to, the Director-General of National Intelligence.

(2)       The Prime Minister may, in writing, determine that subitem (1) does not apply in relation to a specified thing done by, or in relation to, the Director-General of ONA.

(3)       To avoid doubt, doing a thing includes making an instrument.

(4)       A determination under subitem (2) is not a legislative instrument.

Part 4 Miscellaneous

5  Requests for reports or assessments

If, before commencement:

                     (a)  a request had been made under subsection 5(2) of the old law for a report or an assessment; and

                     (b)  the report had not been prepared or the assessment made;

then, the request is treated as if it had been made under section 22 of the new law.

Note:       The Director-General of National Intelligence must endeavour to respond to requests under section 22 of the new law: see paragraph 16(1)(c) of the new law.

6  National Assessments Board

Membership of the Board

(1)       If, immediately before commencement, a person was a member of the National Assessments Board, then the person continues to be a member of the Board on and after commencement until the person’s membership of the Board ceases due to a variation in the membership of the Board by the Director-General of National Intelligence under section 48 of the new law.

Board’s consideration of national assessments

(2)       If:

                     (a)  an assessment was prepared before commencement; and

                     (b)  at commencement, the National Assessments Board had not completed its consideration of the assessment;

then, despite the repeal of the Office of National Assessments Act 1977 , the Board must complete its consideration of the assessment, and the Director-General must deal with the assessment, in accordance with the old law.

7  Continuation of existing inquiries under the Inspector-General of Intelligence and Security Act 1986

            If the Inspector-General of Intelligence and Security had begun, but not completed, an inquiry in relation to ONA under section 8 of the Inspector-General of Intelligence and Security Act 1986 before commencement, then, for the purposes of completing that inquiry:

                     (a)  the Inspector-General of Intelligence and Security Act 1986 , as in force on the day that the inquiry began, continues in force despite the amendments made by this Act and the enactment of the new law; and

                     (b)  any other Act amended by this Act, as in force on the day that the inquiry began, continues in force despite the amendments made by this Act.

Note:       This means, for example, that a person who was given a notice under section 18 of the Inspector-General of Intelligence and Security Act 1986 before commencement in relation to an inquiry is still required to comply with the notice after that date if the person has not done so.

8  Transitional rules

(1)       The Prime Minister may, by legislative instrument, make rules prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to:

                     (a)  the amendments or repeals made by this Act; or

                     (b)  the enactment of this Act or the new law.

(2)       To avoid doubt, the rules may not do the following:

                     (a)  create an offence or civil penalty;

                     (b)  provide powers of:

                              (i)  arrest or detention; or

                             (ii)  entry, search or seizure;

                     (c)  impose a tax;

                     (d)  set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;

                     (e)  directly amend the text of this Act.

(3)       This Act (other than subitem (2)) does not limit the rules that may be made for the purposes of subitem (1).