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Part 1—Introduction

Part 1 Introduction

   

1   Short title

                   This Act is the Office of National Intelligence Act 2018 .

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.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

 

2.  Sections 3 to 55

A single day to be fixed by Proclamation.

However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

 

Note:          This table relates only to the provisions of this Act as originally enacted.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   Simplified outline of this Act

This Act continues the former Office of National Assessments as the Office of National Intelligence (ONI). ONI’s functions include leading the national intelligence community, carrying out evaluations, preparing assessments and reports and otherwise providing advice to the Prime Minister on matters relating to the national intelligence community.

The Director-General manages ONI and ensures the proper, efficient and effective performance of ONI’s functions. In carrying out the role, the Director-General may give directions and issue guidelines to be followed by the national intelligence community or particular agencies within the community.

The Director-General has a leadership role in the national intelligence community and also has responsibility for keeping the Prime Minister informed on matters relating to the national intelligence community and the Leader of the Opposition informed on matters relating to intelligence.

This Act also continues the National Assessments Board. The Board considers whether assessments prepared by ONI are national assessments, and considers national assessments.

Commonwealth authorities must provide relevant information to ONI, if requested to do so, for the purpose of ONI preparing assessments relating to international matters. Commonwealth authorities may provide information to ONI for the purpose of ONI preparing assessments relating to international or other matters.

This Act also deals with other matters such as secrecy obligations, providing for privacy rules to be made to protect the collection, communication and handling of identifiable information and other administrative matters.

4   Definitions

             (1)  In this Act:

agency with an intelligence role or function means:

                     (a)  AUSTRAC (within the meaning of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 ); or

                     (b)  the Australian Federal Police; or

                     (c)  the Department of Home Affairs; or

                     (d)  the Defence Department (other than AGO or DIO);

to the extent that the agency:

                     (e)  collects, correlates, analyses, produces or disseminates intelligence that relates, or may relate, to national intelligence priorities, requirements or capabilities; or

                      (f)  either:

                              (i)  maintains a capability that materially assists in doing any of the things mentioned in paragraph (e); or

                             (ii)  is developing a capability that is designed to materially assist in doing any of the things mentioned in paragraph (e).

Note:          The Defence Department does not include the Australian Defence Force.

AGO means that part of the Defence Department known as the Australian Geospatial-Intelligence Organisation.

ASD means the Australian Signals Directorate.

ASIO means the Australian Security Intelligence Organisation.

ASIS means the Australian Secret Intelligence Service.

AUSTRAC means the Australian Transaction Reports and Analysis Centre.

Commonwealth authority includes:

                     (a)  an Agency within the meaning of the Public Service Act 1999 ; and

                     (b)  a Department within the meaning of the Parliamentary Service Act 1999 ; and

                     (c)  the Defence Force; and

                     (d)  a body, whether incorporated or not, established, or continued in existence, for a public purpose by or under a law of the Commonwealth; and

                     (e)  a body corporate in which the Commonwealth or a body referred to in paragraph (d) has a controlling interest.

Defence Department means the Department administered by the Defence Minister.

Defence Minister means the Minister responsible for administering the Defence Act 1903 .

Department of Home Affairs means the Department administered by the Home Affairs Minister.

DIO means that part of the Defence Department known as the Defence Intelligence Organisation.

Director-General means the Director-General of National Intelligence.

general rules means the rules made under section 55.

head , in relation to an intelligence agency or an agency with an intelligence role or function, means the following persons:

                     (a)  in relation to the ASD—the Director-General of ASD;

                     (b)  in relation to the ASIO—the Director-General of Security;

                     (c)  in relation to the ASIS—the Director-General of the ASIS;

                     (d)  in relation to AUSTRAC—the Chief Executive Officer of AUSTRAC;

                     (e)  in relation to the agency known as the Australian Criminal Intelligence Commission—the Chief Executive Officer of that agency;

                      (f)  in relation to the Australian Federal Police—the Commissioner of Police;

                     (g)  in relation to the part of the Defence Department known as the Australian Geospatial-Intelligence Organisation—the Director of that part of the Department;

                     (h)  in relation to the part of the Defence Department known as the Defence Intelligence Organisation—the Director of that part of the Department;

                      (i)  in relation to ONI—the Director-General;

                      (j)  in relation to any other Department of the Commonwealth or part of such a Department—the Secretary of the Department.

Home Affairs Minister means the Minister administering the Australian Border Force Act 2015.

identifiable information means information or an opinion about an identified Australian citizen or permanent resident, or an Australian citizen or permanent resident who is reasonably identifiable:

                     (a)  whether the information or opinion is true or not; and

                     (b)  whether the information or opinion is recorded in a material form or not.

IGIS official : see Inspector-General of Intelligence and Security official .

Inspector-General of Intelligence and Security official or IGIS official means:

                     (a)  the Inspector-General of Intelligence and Security; or

                     (b)  a member of the staff referred to in subsection 32(1) of the Inspector-General of Intelligence and Security Act 1986 .

intelligence agency means:

                     (a)  ASD, ASIO, ASIS, AGO or DIO; or

                     (b)  the agency known as the Australian Criminal Intelligence Commission.

national intelligence community means the following agencies:

                     (a)  ONI;

                     (b)  each intelligence agency;

                     (c)  each agency with an intelligence role or function.

national security has the same meaning as in the National Security Information (Criminal and Civil Proceedings) Act 2004 .

ONI means the body continued in existence by section 6 under the name Office of National Intelligence.

paid work means work for financial gain or reward (whether as an employee, a self-employed person or otherwise).

permanent resident means:

                     (a)  a natural person who is a permanent resident within the meaning of the Australian Security Intelligence Organisation Act 1979 ; or

                     (b)  a body corporate incorporated under a law in force in a State or Territory, other than a body corporate whose activities one or more of the following controls, or is in a position to control, whether directly or indirectly:

                              (i)  a foreign power;

                             (ii)  a natural person who is neither an Australian citizen nor a person covered by paragraph (a);

                            (iii)  a group of natural persons, none of whom is an Australian citizen or a person covered by paragraph (a).

prescribed Commonwealth officer means:

                     (a)  a Secretary of a Department; or

                     (b)  the Chief of the Defence Force; or

                     (c)  the Commissioner of the Australian Federal Police; or

                     (d)  the Australian Border Force Commissioner (within the meaning of the Australian Border Force Act 2015 ); or

                     (e)  the Director-General of ASD; or

                      (f)  the Director-General of ASIS; or

                     (g)  the Chief Executive Officer of the agency known as the Australian Criminal Intelligence Commission; or

                     (h)  the AUSTRAC CEO (within the meaning of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 ); or

                      (i)  the Director-General of Security holding office under the Australian Security Intelligence Organisation Act 1979 ; or

                      (j)  any other person employed by the Commonwealth (whether under the Public Service Act 1999 or otherwise) who is authorised in an instrument under subsection (2).

privacy rules means the rules made under section 53.

record means a document, or any other object by which words, images, sounds or signals are recorded or stored or from which information can be obtained, and includes part of a record.

Note:          For the definition of document , see section 2B of the Acts Interpretation Act 1901 .

staff member means:

                     (a)  a member of the staff of ONI referred to in section 33; or

                     (b)  a consultant engaged under section 34; or

                     (c)  a person whose services are made available to the Director-General under section 36.

State authority includes:

                     (a)  a Department of State of a State or Territory or a Department of the Public Service of a State or Territory; and

                     (b)  a body, whether incorporated or not, established, or continued in existence, for a public purpose by or under a law of a State or Territory; and

                     (c)  a body corporate in which a State, Territory or a body referred to in paragraph (b) has a controlling interest.

Prescribed Commonwealth officer instrument

             (2)  The Prime Minister may, in writing, authorise a person employed by the Commonwealth (whether under the Public Service Act 1999 or otherwise) for the purposes of paragraph (j) of the definition of prescribed Commonwealth officer in subsection (1).

5   Extension to external Territories

                   This Act extends to every external Territory.