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Part 5—Administration

Part 5 Administration

Division 1 National Assessments Board

47   National Assessments Board

             (1)  The National Assessments Board continues in existence.

             (2)  The National Assessments Board’s functions are:

                     (a)  to consider which assessments made by ONI are national assessments; and

                     (b)  to consider national assessments.

Note:          After the Board considers which assessments made by ONI are to be national assessments, the Director-General decides whether they are: see paragraph 16(1)(d).

48   Constitution

             (1)  The National Assessments Board consists of:

                     (a)  the Director-General; and

                     (b)  an official of the Department of the Prime Minister and Cabinet; and

                     (c)  an official of the Department of Foreign Affairs and Trade; and

                     (d)  an official of the Defence Department; and

                     (e)  an official of the Department of Home Affairs; and

                      (f)  an official of the Department of the Treasury; and

                     (g)  a member of the Defence Force; and

                     (h)  such other persons as the Prime Minister directs.

             (2)  For the purposes of a particular national assessment, the Director-General may add one or more persons to the membership of the National Assessments Board.

49   Holding of meetings

             (1)  The Director-General must hold such meetings as are necessary for the efficient performance of the National Assessment Board’s functions.

             (2)  The Director-General may convene a meeting at any time.

50   Presiding at meetings

             (1)  The Director-General presides at all meetings of the National Assessments Board.

             (2)  The Director-General may direct the procedure to be followed at a meeting.

51   Officials to attend meetings

                   When a national assessment is under consideration by the National Assessments Board at a meeting, the Director-General must take reasonable steps to ensure that representatives of Departments and agencies appropriate to the subject matter of the national assessment are present.

Division 2 Committees

52   Committees

             (1)  The Director-General may establish committees to advise or assist in the performance of ONI’s functions.

             (2)  The Director-General may determine, in relation to a committee established under this section:

                     (a)  the committee’s terms of reference; and

                     (b)  the terms and conditions of appointment of the members of the committee; and

                     (c)  the procedures to be followed by the committee.

             (3)  The members of the committee (other than a member who is a person mentioned in paragraph 6(2)(c)) are not officials for the purposes of the Public Governance, Performance and Accountability Act 2013 .

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

Division 3 Privacy rules

53   Privacy rules to protect Australians

             (1)  The Prime Minister must make rules (the privacy rules ) regulating:

                     (a)  the collection of information mentioned in paragraph 7(1)(g), to the extent that information is identifiable information; and

                     (b)  the communication, handling and retention by ONI of identifiable information.

             (2)  The Prime Minister may make privacy rules dealing with other matters if the Prime Minister considers it appropriate to do so.

             (3)  In making the privacy rules, the Prime Minister must have regard to the need to ensure that the privacy of Australian citizens and permanent residents is preserved as far as is consistent with the proper performance by ONI of its functions.

             (4)  Before making the privacy rules, the Prime Minister must consult with the Director-General, the Inspector-General of Intelligence and Security and the Attorney-General, including by providing those persons with a copy of the privacy rules the Prime Minister is proposing to make.

             (5)  ONI must not collect or communicate identifiable information, except in accordance with the privacy rules.

             (6)  The Inspector-General of Intelligence and Security must brief the Parliamentary Joint Committee on Intelligence and Security on the content and effect of the privacy rules if:

                     (a)  the Committee requests the Inspector-General to do so; or

                     (b)  the privacy rules change.

             (7)  To avoid doubt, the privacy 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.

             (8)  Privacy rules made under this section are not legislative instruments.