7  References to the Independent National Security Legislation Monitor by the Prime Minister or the Minister

             (1)  The Prime Minister or the Minister may refer a matter relating to counter‑terrorism or national security to the Independent National Security Legislation Monitor, either at the Monitor’s suggestion or on his or her own initiative.

             (2)  A Minister who refers a matter under subsection (1) may alter the terms of the reference.

             (3)  The Prime Minister may give the Independent National Security Legislation Monitor directions about the order in which he or she is to deal with references.

6  Subsection 11(2)

Repeal the subsection, substitute:

             (2)  Before a recommendation is made to the Governor‑General for the appointment of a person as the Independent National Security Legislation Monitor, the Prime Minister must consult with the Leader of the Opposition in the House of Representatives.

Note:       This item re‑enacts the existing provision to re‑insert the reference to the Prime Minister: see item 3 of the table in subsection 19(1) of the Acts Interpretation Act 1901.

7  Section 14

Omit “Prime Minister”, substitute “Minister”.

8  Saving provision—leave of absence

A grant of leave, made before the commencement of this item under section 14 of the Independent National Security Legislation Monitor Act 2010 for a period that ends after that commencement, continues in effect on and after that commencement as if made under that section as amended by this Schedule.

9  Section 15

Omit “Prime Minister’s”, substitute “Minister’s”.

10  Saving provision—consent to paid employment

A consent to engage in paid employment, that is in effect for the purposes of section 15 of the Independent National Security Legislation Monitor Act 2010 immediately before the commencement of this item, continues in effect on and after that commencement as if given for the purposes of that section as amended by this Schedule.

11  Section 16 (heading)

Repeal the heading, substitute:

16  Disclosure of interests to the Minister

12  Section 16

Omit “Prime Minister”, substitute “Minister”.

13  Transitional provision—disclosure of interests

If the Independent National Security Legislation Monitor gave notice of an interest in accordance with section 16 of the Independent National Security Legislation Monitor Act 2010 before the commencement of this item, the Monitor must also give notice of the interest to the Minister administering that Act as soon as practicable after that commencement.

14  Paragraph 19(2)(c)

Omit “Prime Minister’s”, substitute “Minister’s”.

15  Section 20

Omit “Prime Minister”, substitute “Minister”.

16  Saving provision—acting appointments

An appointment of a person to act as the Independent National Security Legislation Monitor, that is in effect under section 20 of the Independent National Security Legislation Monitor Act 2010 immediately before the commencement of this item, continues in effect on and after that commencement as if made in accordance with that section as amended by this Schedule.

17  Subsections 29(1), (2), (2A), (5) and (8)

Omit “Prime Minister”, substitute “Minister”.

18  Section 30 (heading)

Repeal the heading, substitute:

30  Report on a reference by the Prime Minister or the Minister

19  Subsection 30(1)

Repeal the subsection, substitute:

Giving reports to referring Minister

             (1)  The Independent National Security Legislation Monitor must report on a reference made under section 7 to the Minister who made the reference (the referring Minister).

20  Subsection 30(2)

Omit “Prime Minister”, substitute “referring Minister”.

21  Subsection 30(3)

Omit “Prime Minister” (wherever occurring), substitute “referring Minister”.

22  After subsection 30(3)

Insert:

Giving copies of reports to non‑referring Minister

          (3A)  The Independent National Security Legislation Monitor may, if he or she considers it appropriate to do so, give a copy of a report under subsection (1), (2) or (3) to the Minister mentioned in section 7 who did not make the reference.

Declassified reports

23  Subsection 30(4)

Omit “Prime Minister” (wherever occurring), substitute “referring Minister”.

24  Before subsection 30(6)

Insert:

Presenting copies of reports to the Parliament

25  Subsection 30(6)

Omit “Prime Minister”, substitute “referring Minister”.

26  Paragraph 30(6)(a)

Repeal the paragraph, substitute:

                     (a)  a report given to the referring Minister under subsection (1) or (3); or

27  Application of amendments

The Independent National Security Legislation Monitor Act 2010, as amended by this Act, applies in relation to a reference made under section 7 of that Act:

                     (a)  on or after the commencement of this item; or

                     (b)  before that commencement, if the report on the reference was not given to the Prime Minister before that commencement.

Inspector‑General of Intelligence and Security Act 1986

28  Paragraph 4(c)

Omit “Attorney‑General”, substitute “responsible Minister for ASIO”.

29  Subsection 6(3)

Repeal the subsection, substitute:

             (3)  Before a recommendation is made to the Governor‑General for the appointment of a person as Inspector‑General, the Prime Minister must consult with the Leader of the Opposition in the House of Representatives.

Note:       This item re‑enacts the existing provision to re‑insert the reference to the Prime Minister: see item 3 of the table in subsection 19(1) of the Acts Interpretation Act 1901.

30  Subsection 6A(1)

Omit “Prime Minister”, substitute “Minister”.

31  Subsection 6A(1) (note)

Omit “section”, substitute “sections 33AB and”.

32  Subsection 6A(2)

Repeal the subsection, substitute:

             (2)  Before the Minister appoints a person to act as the Inspector‑General, the Prime Minister must consult with the Leader of the Opposition in the House of Representatives about the appointment.

33  Saving provision—acting appointments

An appointment of a person to act as the Inspector‑General, that is in effect under section 6A of the Inspector‑General of Intelligence and Security Act 1986 immediately before the commencement of this item, continues in effect on and after that commencement as if made in accordance with that section as amended by this Schedule.

34  Subsections 8(1), (2) and (3)

After “request of” (wherever occurring), insert “the Minister or”.

35  Subsections 9(1) and (3)

After “Prime Minister”, insert “or the Minister”.

36  Subparagraph 9AA(a)(i)

Omit “section 9—the Prime Minister”, substitute “section 8 or 9 by the Prime Minister or the Minister administering this Act—the Minister who made the request”.

37  Application of amendment

The amendment of subparagraph 9AA(a)(i) of the Inspector‑General of Intelligence and Security Act 1986 made by this Schedule applies in relation to an inquiry started on or after the commencement of this item.

38  Subsection 17(8)

After “Prime Minister”, insert “or the Minister (or both)”.

39  Application of amendment

Subsection 17(8) of the Inspector‑General of Intelligence and Security Act 1986, as in force on and after the commencement of this item, applies in relation to an inquiry whether started before, on or after that commencement.

40  Subsections 22(4A) and (5)

Repeal the subsections, substitute:

             (5)  The Inspector‑General must give a copy of the final agency copy or version given to the responsible Minister under subsection (4) to the following:

                     (a)  if the inquiry was conducted as a result of a request under section 8 or 9 by the Prime Minister or the Minister administering this Act—the Minister who made the request;

                     (b)  in any case—the Prime Minister or the Minister administering this Act, if that Minister requests it.

             (6)  In addition, the Inspector‑General may give the Prime Minister or the Minister administering this Act a copy of the final agency copy or version given to the responsible Minister under subsection (4) if the Inspector‑General considers it appropriate to do so.

41  Application of amendment

Subsections 22(5) and (6) of the Inspector‑General of Intelligence and Security Act 1986, as in force on and after the commencement of this item, apply in relation to a copy or version of a final agency copy that is given to the responsible Minister under subsection 22(4) of that Act on or after that commencement, even if the inquiry was started before that commencement.

42  Section 24 (heading)

Repeal the heading, substitute:

24  Action as a result of reports—general

43  Subsection 24(2)

Omit all the words after “appropriate”, substitute:

                   in the circumstances:

                     (a)  the Inspector‑General may discuss the matter with the responsible Minister and prepare a report relating to that matter; and

                     (b)  if the Inspector‑General prepares such a report, he or she must give a copy of the report to:

                              (i)  if the inquiry was conducted as a result of a request made by the Prime Minister under section 9—the Prime Minister; and

                             (ii)  in any case—the Minister administering this Act.

44  At the end of section 24

Add:

             (3)  In addition, the Inspector‑General may give a copy of a report prepared under paragraph (2)(a) to the Prime Minister if the Inspector‑General considers it appropriate to do so.

45  Application of amendments

Subsections 24(2) and (3) of the Inspector‑General of Intelligence and Security Act 1986, as in force on and after the commencement of this item, apply in relation to a report prepared under paragraph 24(2)(a) of that Act on or after commencement, even if it relates to an inquiry started before that commencement.

46  Section 24A (heading)

Repeal the heading, substitute:

24A  Action as a result of certain reports relating to heads of Commonwealth agencies

47  Paragraph 24A(3)(b)

Repeal the paragraph, substitute:

                     (b)  if the Inspector‑General prepares such a report, he or she must give a copy of the report to:

                              (i)  if the inquiry was conducted as a result of a request made by the Prime Minister under section 9—the Prime Minister; and

                             (ii)  in any case—the Minister administering this Act.

48  At the end of section 24A

Add:

             (4)  In addition, the Inspector‑General may give a copy of a report prepared under paragraph (3)(a) to the Prime Minister if the Inspector‑General considers it appropriate to do so.

49  Application of amendments

Subsections 24A(3) and (4) of the Inspector‑General of Intelligence and Security Act 1986, as in force on and after the commencement of this item, apply in relation to a report prepared under paragraph 24A(3)(a) of that Act on or after commencement, even if it relates to an inquiry started before that commencement.

50  Section 25

Omit “Where”, substitute “(1) If”.

51  Section 25

Omit “Prime Minister”, substitute “Minister administering this Act”.

52  At the end of section 25

Add:

             (2)  In addition, the Inspector‑General may give a copy of the report to the Prime Minister if the Inspector‑General considers it appropriate to do so.

53  Application of amendments

Section 25 of the Inspector‑General of Intelligence and Security Act 1986, as in force on and after the commencement of this item, applies if a copy of a report in relation to an inquiry is given to the responsible Minister on or after that commencement, even if the inquiry started before that commencement.

54  Subsection 28(2)

Omit “Prime Minister”, substitute “Minister”.

55  Saving provision—leave of absence

(1)       A determination of terms and conditions, that is in effect under subsection 28(2) of the Inspector‑General of Intelligence and Security Act 1986 immediately before the commencement of this item, continues in effect on and after that commencement as if made under that subsection as amended by this Schedule.

(2)       A grant of leave, made before the commencement of this item under subsection 28(2) of the Inspector‑General of Intelligence and Security Act 1986 for a period that ends after that commencement, continues in effect on and after that commencement as if made under that subsection as amended by this Schedule.

56  Subparagraph 30(2)(b)(i)

Omit “Prime Minister”, substitute “Minister”.

57  Saving provision—approval of paid employment

An approval to engage in paid employment, that is in effect for the purposes of subparagraph 30(2)(b)(i) of the Inspector‑General of Intelligence and Security Act 1986 immediately before the commencement of this item, continues in effect on and after that commencement as if given for the purposes of that subparagraph as amended by this Schedule.

58  Subsection 32A(5)

Omit “Minister” (wherever occurring), substitute “responsible Minister”.

59  Subsection 32B(3)

Repeal the subsection.

60  Subsection 35(3)

Omit “The Prime Minister shall give a copy of a report referred to in subsection (2)”, substitute “A copy of a report referred to in subsection (2) must be given”.

61  Subsections 35(4) and (5)

Omit “Prime Minister” (wherever occurring), substitute “Minister”.

Intelligence Services Act 2001

62  Paragraph 9(1A)(b)

Omit “Minister responsible for administering the Australian Security Intelligence Organisation Act 1979”, substitute “Attorney‑General”.

63  Saving provision—agreement to authorisations

An agreement, that is in effect under paragraph 9(1A)(b) of the Intelligence Services Act 2001 immediately before the commencement of this item (including such an agreement given in accordance with subsection 9(1AA) of that Act), continues in effect on and after that commencement as if given under that paragraph as amended by this Schedule.

64  Subsection 9(1AA) (heading)

Repeal the heading, substitute:

Agreement of the Attorney‑General

65  Subsections 9(1AA) and (1AC)

Omit “Minister responsible for administering the Australian Security Intelligence Organisation Act 1979”, substitute “Attorney‑General”.

66  Subsection 9(1AC) (note)

Omit “Minister”, substitute “Attorney‑General”.

67  Subsection 9A(2) (note)

Omit “Minister responsible for administering the Australian Security Intelligence Organisation Act 1979”, substitute “Attorney‑General”.

68  At the end of paragraph 9A(3)(b)

Add:

                           ; (v)  the Minister responsible for administering the Australian Security Intelligence Organisation Act 1979.

69  Subsection 9B(2) (note)

Omit “Minister responsible for administering the Australian Security Intelligence Organisation Act 1979”, substitute “Attorney‑General”.

70  Section 9C (heading)

Repeal the heading, substitute:

9C  Authorisations in an emergency—Attorney‑General unavailable

71  Subparagraph 9C(1)(c)(i)

Omit “Minister responsible for administering the Australian Security Intelligence Organisation Act 1979 (the ASIO Minister)”, substitute “Attorney‑General”.

72  Subparagraph 9C(1)(c)(iii)

Omit “ASIO Minister”, substitute “Attorney‑General”.

73  Subsections 9C(2) and (3)

Omit “ASIO Minister”, substitute “Attorney‑General”.

74  Subsection 9C(4)

Repeal the subsection, substitute:

Notifying Attorney‑General, ASIO Minister and Inspector‑General of Intelligence and Security

             (4)  The relevant agency head must notify the following that an authorisation was given under section 9A or 9B (as the case requires) in accordance with this section:

                     (a)  the Attorney‑General;

                     (b)  the Minister responsible for administering the Australian Security Intelligence Organisation Act 1979 (the ASIO Minister);

                     (c)  the Inspector‑General of Intelligence and Security.

The notification must state whether the agreement of the Director‑General of Security was obtained.

75  Paragraph 9C(5)(a)

After “given to”, insert “the Attorney‑General or”.

76  After subsection 13G(1)

Insert:

          (1A)  Before making guidelines under subsection (1), the responsible Ministers must consult with the Attorney‑General.

77  After subparagraph 29(1)(b)(i)

Insert:

                            (ia)  the Attorney‑General; or

78  Paragraph 29(1)(c)

Omit “and to the responsible Minister”, substitute “, to the responsible Minister and to the Attorney‑General”.

79  Subsection 29(2)

After “Minister” (wherever occurring), insert “or the Attorney‑General”.