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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017-2018
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Office of National Intelligence
(Consequential and Transitional
Provisions) Bill 2018
No. , 2018
(Prime Minister)
A Bill for an Act to deal with consequential and
transitional matters in connection with the Office of
National Intelligence Act 2018, and for related
purposes
No. , 2018
Office of National Intelligence (Consequential and Transitional
Provisions) Bill 2018
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 3
Schedule 1--Repeal of the Office of National Assessments Act
1977
4
Office of National Assessments Act 1977
4
Schedule 2--Consequential amendments
5
Acts Interpretation Act 1901
5
Age Discrimination Act 2004
5
Anti-Money Laundering and Counter-Terrorism Financing Act 2006
5
Archives Act 1983
7
Australian Border Force Act 2015
7
Australian Crime Commission Act 2002
8
Australian Human Rights Commission Act 1986
8
Australian Security Intelligence Organisation Act 1979
8
Crimes Act 1914
9
Criminal Code Act 1995
12
Defence Act 1903
12
Freedom of Information Act 1982
12
Independent National Security Legislation Monitor Act 2010
13
Inspector-General of Intelligence and Security Act 1986
13
Intelligence Services Act 2001
15
Privacy Act 1988
17
Public Interest Disclosure Act 2013
18
Remuneration and Allowances Act 1990
18
Schedule 3--Amendments contingent on the National Security
Legislation Amendment (Espionage and Foreign
Interference) Act 2018
19
Criminal Code Act 1995
19
Schedule 4--Transitional provisions
20
ii
Office of National Intelligence (Consequential and Transitional
Provisions) Bill 2018
No. , 2018
Part 1--Definitions
20
Part 2--Director-General's continued appointment
21
Part 3--References to, and things done by or in relation to,
ONA or the Director-General
22
Part 4--Miscellaneous
23
No. , 2018
Office of National Intelligence (Consequential and Transitional
Provisions) Bill 2018
1
A Bill for an Act to deal with consequential and
1
transitional matters in connection with the Office of
2
National Intelligence Act 2018, and for related
3
purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act is the Office of National Intelligence (Consequential and
7
Transitional Provisions) Act 2018.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
2
Office of National Intelligence (Consequential and Transitional
Provisions) Bill 2018
No. , 2018
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedules 1
and 2
At the same time as section 3 of the Office of
National Intelligence Act 2018 commences.
However, the provisions do not commence
at all if that section does not commence.
3. Schedule 3
The later of:
(a) the commencement of section 3 of the
Office of National Intelligence Act 2018;
and
(b) immediately after the commencement of
Schedule 2 to the National Security
Legislation Amendment (Espionage and
Foreign Interference) Act 2018.
However, the provisions do not commence
at all unless both of the events mentioned in
paragraphs (a) and (b) occur.
4. Schedule 4
Immediately after the commencement of
section 3 of the Office of National
Intelligence Act 2018.
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
(2) Any information in column 3 of the table is not part of this Act.
7
Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
9
No. , 2018
Office of National Intelligence (Consequential and Transitional
Provisions) Bill 2018
3
3 Schedules
1
Legislation that is specified in a Schedule to this Act is amended or
2
repealed as set out in the applicable items in the Schedule
3
concerned, and any other item in a Schedule to this Act has effect
4
according to its terms.
5
Schedule 1 Repeal of the Office of National Assessments Act 1977
4
Office of National Intelligence (Consequential and Transitional
Provisions) Bill 2018
No. , 2018
Schedule 1--Repeal of the Office of National
1
Assessments Act 1977
2
3
Office of National Assessments Act 1977
4
1 The whole of the Act
5
Repeal the Act.
6
Consequential amendments Schedule 2
No. , 2018
Office of National Intelligence (Consequential and Transitional
Provisions) Bill 2018
5
Schedule 2--Consequential amendments
1
2
Acts Interpretation Act 1901
3
1 After subsection 34C(7)
4
Insert:
5
(7A) This section applies to the Australian Security Intelligence
6
Organisation, the Australian Signals Directorate and the Office of
7
National Intelligence in the following way:
8
(a) subsection (3) does not apply;
9
(b) if an extension is granted under subsection (5), then for the
10
purpose of subsection (6), paragraph (6)(c) is to be
11
disregarded.
12
2 Subsection 34C(8)
13
Repeal the subsection, substitute:
14
(8) This section does not apply in relation to the Australian Secret
15
Intelligence Service.
16
Age Discrimination Act 2004
17
3 Schedule 1 (table item 35)
18
Repeal the item.
19
Anti-Money Laundering and Counter-Terrorism Financing
20
Act 2006
21
4 Section 5 (paragraph (ge) of the definition of designated
22
agency)
23
Repeal the paragraph, substitute:
24
(ge) ONI; or
25
5 Section 5
26
Insert:
27
Schedule 2 Consequential amendments
6
Office of National Intelligence (Consequential and Transitional
Provisions) Bill 2018
No. , 2018
Director-General of National Intelligence means the
1
Director-General of National Intelligence holding office under the
2
Office of National Intelligence Act 2018.
3
6 Section 5 (definition of ONA)
4
Repeal the definition.
5
7 Section 5
6
Insert:
7
ONI means the Office of National Intelligence.
8
8 Subsection 128(13C) (heading)
9
Repeal the heading, substitute:
10
ONI officials
11
9 Subsection 128(13C)
12
Omit "ONA" (wherever occurring), substitute "ONI".
13
10 Subparagraph 128(19)(a)(iv)
14
Omit "ONA", substitute "ONI".
15
11 Section 133C (heading)
16
Omit "Director-General of ONA", substitute "Director-General of
17
National Intelligence".
18
12 Subsection 133C(1)
19
Omit "Director-General of ONA", substitute "Director-General of
20
National Intelligence".
21
13 Subsection 133C(2)
22
Repeal the subsection (not including the note), substitute:
23
(2) The Director-General of National Intelligence may, in writing,
24
authorise an official of ONI to access the AUSTRAC information
25
and communicate it to the foreign intelligence agency on the
26
Director-General's behalf.
27
Consequential amendments Schedule 2
No. , 2018
Office of National Intelligence (Consequential and Transitional
Provisions) Bill 2018
7
14 Saving of authorisations
1
An authorisation by the AUSTRAC CEO under subsection 126(1) of
2
the Anti-Money Laundering and Counter-Terrorism Financing Act 2006
3
that:
4
(a) relates to a:
5
(i) specified official of the Office of National Assessments
6
or ONA; or
7
(ii) a specified class of officials of the Office of National
8
Assessments or ONA; and
9
(b) is in force immediately before the day this item commences;
10
continues in force on and after that day as if it were an authorisation by
11
the AUSTRAC CEO under that subsection in relation to the specified
12
official, or specified class of officials, of the Office of National
13
Intelligence or ONI.
14
Archives Act 1983
15
15 Paragraph 29(8)(e)
16
Repeal the paragraph, substitute:
17
(e) the Office of National Intelligence;
18
Australian Border Force Act 2015
19
16 Subsection 4(1) (paragraph (f) of the definition of
20
intelligence agency)
21
Repeal the paragraph, substitute:
22
(f) the Office of National Intelligence; or
23
17 After paragraph 46(l)
24
Insert:
25
(la) a purpose relating to the performance of functions under
26
section 7 of the Office of National Intelligence Act 2018;
27
Schedule 2 Consequential amendments
8
Office of National Intelligence (Consequential and Transitional
Provisions) Bill 2018
No. , 2018
Australian Crime Commission Act 2002
1
18 Subsection 4(1)
2
Insert:
3
ONI means the Office of National Intelligence.
4
19 Before subsection 59AA(3)
5
Insert:
6
ONI
7
(2B) The CEO may disclose ACC information to ONI if:
8
(a) the CEO considers it appropriate to do so; and
9
(b) the information is relevant to the performance of ONI's
10
functions under section 7 of the Office of National
11
Intelligence Act 2018; and
12
(c) disclosing the ACC information would not be contrary to a
13
law of the Commonwealth, a State or a Territory that would
14
otherwise apply.
15
Australian Human Rights Commission Act 1986
16
20 Subsection 11(4)
17
Omit "Office of National Assessments", substitute "Office of National
18
Intelligence".
19
21 Subsection 21(3)
20
Omit "Office of National Assessments", substitute "Office of National
21
Intelligence".
22
Australian Security Intelligence Organisation Act 1979
23
22 Section 4 (paragraph (b) of the definition of intelligence or
24
security agency)
25
Repeal the paragraph, substitute:
26
(b) the Office of National Intelligence;
27
Consequential amendments Schedule 2
No. , 2018
Office of National Intelligence (Consequential and Transitional
Provisions) Bill 2018
9
23 Section 4
1
Insert:
2
ONI means the Office of National Intelligence.
3
24 After paragraph 19A(1)(c)
4
Insert:
5
(ca) ONI;
6
25 Subsection 35(1) (paragraph (c) of the definition of agency
7
head)
8
Repeal the paragraph, substitute:
9
(c) the Director-General of National Intelligence; or
10
Crimes Act 1914
11
26 Section 15K (subparagraph (a)(ii) of the definition of chief
12
officer)
13
Omit "and".
14
27 Section 15K (at the end of paragraph (a) of the definition
15
of chief officer)
16
Add:
17
(iii) in relation to the Office of National Intelligence--the
18
Director-General of National Intelligence; and
19
28 Section 15K (at the end of paragraph (a) of the definition
20
of intelligence agency)
21
Add "or".
22
29 Section 15K (at the end of the definition of intelligence
23
agency)
24
Add:
25
; or (c) the Office of National Intelligence.
26
Schedule 2 Consequential amendments
10
Office of National Intelligence (Consequential and Transitional
Provisions) Bill 2018
No. , 2018
30 Section 15K (at the end of paragraph (b) of the definition
1
of intelligence officer)
2
Add "and".
3
31 Section 15K (after paragraph (b) of the definition of
4
intelligence officer)
5
Insert:
6
(c) in relation to the Office of National Intelligence--a staff
7
member of the Office of National Intelligence;
8
32 After subsection 15KA(3)
9
Insert:
10
(3A) An application may only be made under subsection (3) by an
11
intelligence officer of the Office of National Intelligence (ONI) for
12
the purpose of ONI carrying out its function under
13
paragraph 7(1)(g) of the Office of National Intelligence Act 2018.
14
33 At the end of subsection 15KB(4)
15
Add:
16
; or (h) in the case of the Office of National Intelligence--a person
17
who holds the position, or performs the duties, of an APS
18
Executive Officer Level 1 position, or an equivalent or higher
19
position, in the Office of National Intelligence.
20
34 Paragraph 15KG(b)
21
After "agency", insert "(other than the Office of National Intelligence)".
22
35 Subsection 15KH(2)
23
After "chief officer", insert "of a law enforcement agency or an
24
intelligence agency (other than the Office of National Intelligence)".
25
36 Subsection 15KI(2)
26
Omit "chief officer of a law enforcement agency or an intelligence
27
agency who grants the authority", substitute "person specified in
28
subsection (2A)".
29
Consequential amendments Schedule 2
No. , 2018
Office of National Intelligence (Consequential and Transitional
Provisions) Bill 2018
11
37 After subsection 15KI(2)
1
Insert:
2
(2A) For the purposes of subsection (2), the person who may make the
3
request is:
4
(a) the chief officer of a law enforcement agency who granted
5
the authority; or
6
(b) the chief officer of an intelligence agency (other than the
7
Office of National Intelligence) who granted the authority; or
8
(c) if the chief officer of the Office of National Intelligence
9
granted the authority--the chief officer of another
10
intelligence agency.
11
38 Subsection 15KX(2)
12
Omit "chief officer of a law enforcement agency or an intelligence
13
agency who grants the authority", substitute "person specified in
14
subsection (2A)".
15
39 Subsection 15KX(2) (note 1)
16
Repeal the note.
17
40 Subsection 15KX(2) (note 2)
18
Omit "Note 2", substitute "Note".
19
41 After subsection 15KX(2)
20
Insert:
21
(2A) For the purposes of subsection (2), the person who may make the
22
request is:
23
(a) the chief officer of a law enforcement agency who granted
24
the authority; or
25
(b) the chief officer of an intelligence agency (other than the
26
Office of National Intelligence) who granted the authority; or
27
(c) if the chief officer of the Office of National Intelligence
28
granted the authority--the chief officer of another
29
intelligence agency.
30
Note:
The chief officer may delegate functions under this section--see
31
section 15LH.
32
Schedule 2 Consequential amendments
12
Office of National Intelligence (Consequential and Transitional
Provisions) Bill 2018
No. , 2018
42 Paragraph 15KY(3)(a)
1
After "agency", insert "(other than the Office of National Intelligence)".
2
43 Subsection 15LH(3) (after paragraph (g) of the definition of
3
senior officer)
4
Insert:
5
(ga) in relation to the Office of National Intelligence--an SES
6
employee in the Office of National Intelligence, or a person
7
occupying an equivalent or higher position in the Office of
8
National Intelligence; and
9
44 Section 85ZL (paragraph (c) of the definition of
10
intelligence or security agency)
11
Repeal the paragraph, substitute:
12
(c) the Office of National Intelligence; or
13
Criminal Code Act 1995
14
45 Section 473.1 of the Criminal Code (paragraph (c) of the
15
definition of intelligence or security officer)
16
Repeal the paragraph, substitute:
17
(c) the Office of National Intelligence; or
18
Defence Act 1903
19
46 Subsection 71A(1) (paragraph (c) of the definition of
20
intelligence or security agency)
21
Repeal the paragraph, substitute:
22
(c) the Office of National Intelligence.
23
Freedom of Information Act 1982
24
47 Subparagraph 7(2A)(a)(iv)
25
Repeal the subparagraph, substitute:
26
(iv) the Office of National Intelligence;
27
Consequential amendments Schedule 2
No. , 2018
Office of National Intelligence (Consequential and Transitional
Provisions) Bill 2018
13
48 Division 1 of Part I of Schedule 2 (table item dealing with
1
Office of National Assessments)
2
Repeal the item, substitute:
3
Office of National Intelligence
Independent National Security Legislation Monitor Act 2010
4
49 Section 4 (paragraph (j) of the definition of head)
5
Repeal the paragraph, substitute:
6
(j) in relation to the Office of National Intelligence--the
7
Director-General of National Intelligence; or
8
50 Section 4 (paragraph (j) of the definition of law
9
enforcement or security agency)
10
Repeal the paragraph, substitute:
11
(j) the Office of National Intelligence;
12
Inspector-General of Intelligence and Security Act 1986
13
51 Subsection 3(1) (paragraph (f) of the definition of head)
14
Repeal the paragraph, substitute:
15
(f) in relation to ONI--the Director-General of National
16
Intelligence; or
17
52 Subsection 3(1) (definition of intelligence agency)
18
Omit "ONA", substitute "ONI".
19
53 Subsection 3(1) (definition of ONA)
20
Repeal the definition.
21
54 Subsection 3(1)
22
Insert:
23
ONI means the Office of National Intelligence.
24
55 Subsection 8(3)
25
Omit "ONA" (first occurring), substitute "ONI".
26
Schedule 2 Consequential amendments
14
Office of National Intelligence (Consequential and Transitional
Provisions) Bill 2018
No. , 2018
56 After subparagraph 8(3)(a)(i)
1
Insert:
2
(ia) in the case of ONI--the compliance by ONI with
3
directions given to ONI by the responsible Minister; or
4
57 Paragraph 8(3)(c)
5
Omit "ONA", substitute "ONI".
6
58 Subsection 8(5)
7
Omit "ONA", substitute "ONI".
8
59 Paragraph 8A(4)(b)
9
Omit "ONA", substitute "ONI".
10
60 Paragraph 15(3)(a)
11
Omit "ONA" (wherever occurring), substitute "ONI".
12
61 Paragraph 21(1B)(a)
13
Omit "ONA" (wherever occurring), substitute "ONI".
14
62 Paragraph 32A(1)(c)
15
Repeal the paragraph, substitute:
16
(c) in the case of ONI--a report given to the Minister under
17
section 46 of the Public Governance, Performance and
18
Accountability Act 2013;
19
63 Paragraph 32A(5)(a)
20
Omit "ONA", substitute "ONI".
21
64 Subsection 32B(1)
22
Omit "or ASD", substitute ", ASD or ONI".
23
65 After subsection 35(2B)
24
Insert:
25
(2C) The Inspector-General must include in a report referred to in
26
subsection (2) the Inspector-General's comments on the extent of
27
compliance by ONI, during the period to which the report relates,
28
Consequential amendments Schedule 2
No. , 2018
Office of National Intelligence (Consequential and Transitional
Provisions) Bill 2018
15
with privacy rules made under section 53 of the Office of National
1
Intelligence Act 2018.
2
Note:
The rules referred to in subsection (2C) regulate the communication
3
and retention of identifiable information (within the meaning of the
4
Office of National Intelligence Act 2018).
5
Intelligence Services Act 2001
6
66 Section 3
7
Insert:
8
Director-General of National Intelligence means the
9
Director-General of National Intelligence holding office under the
10
Office of National Intelligence Act 2018.
11
67 Section 3 (definition of ONA)
12
Repeal the definition.
13
68 Section 3
14
Insert:
15
ONI means the Office of National Intelligence.
16
69 Section 3 (paragraph (c) of the definition of responsible
17
Minister)
18
Repeal the paragraph, substitute:
19
(c) in relation to ONI--the Minister responsible for ONI.
20
70 After paragraph 13A(1)(b)
21
Insert:
22
(ba) ONI;
23
71 Paragraphs 29(1)(a) and (b)
24
Omit "ONA" (wherever occurring), substitute "ONI".
25
72 Subsection 29(2)
26
Omit "ONA", substitute "ONI".
27
Schedule 2 Consequential amendments
16
Office of National Intelligence (Consequential and Transitional
Provisions) Bill 2018
No. , 2018
73 Before paragraph 29(3)(a)
1
Insert:
2
(aa) reviewing anything done by ONI in its leadership of the
3
national intelligence community, to the extent that it involves
4
prioritising national intelligence priorities and requirements,
5
and allocating resources accordingly, in relation to:
6
(i) an intelligence agency (as defined by subsection 4(1) of
7
the Office of National Intelligence Act 2018); or
8
(ii) an agency with an intelligence role or function (as
9
defined by subsection 4(1) of that Act); or
10
(ab) reviewing anything done by ONI in its leadership of the
11
national intelligence community, to the extent that it relates
12
to:
13
(i) an intelligence agency (as defined by subsection 4(1) of
14
the Office of National Intelligence Act 2018) and a
15
matter that would otherwise be covered by any of the
16
foregoing paragraphs; or
17
(ii) an agency with an intelligence role or function (as
18
defined by subsection 4(1) of that Act) and a matter that
19
would otherwise be covered by any of the foregoing
20
paragraphs if those paragraphs applied to the agency; or
21
74 Paragraphs 29(3)(a), (b) and (e)
22
Omit "ONA", substitute "ONI".
23
75 After paragraph 29(3)(f)
24
Insert:
25
(fa) reviewing the privacy rules made under section 53 of the
26
Office of National Intelligence Act 2018; or
27
76 Paragraphs 29(3)(g) and (h)
28
Omit "ONA", substitute "ONI".
29
77 Paragraph 29(3)(i)
30
Repeal the paragraph, substitute:
31
(i) reviewing anything done by ONI in carrying out the
32
evaluation functions mentioned in section 9 of the Office of
33
National Intelligence Act 2018; or
34
Consequential amendments Schedule 2
No. , 2018
Office of National Intelligence (Consequential and Transitional
Provisions) Bill 2018
17
78 Paragraph 30(bb)
1
Repeal the paragraph, substitute:
2
(bb) the Director-General of National Intelligence;
3
79 Sections 40A, 40J and 40K
4
Repeal the sections.
5
80 Subsection 41B(3) (definition of information offence
6
provision)
7
Repeal the definition, substitute:
8
information offence provision means subsection 39(1), 39A(1),
9
40(1), 40B(1), 40C(1), 40D(1), 40E(1), 40F(1), 40G(1), 40H(1),
10
40L(1) or 40M(1).
11
81 Clause 1A of Schedule 1 (definition of agency)
12
Omit "ONA", substitute "ONI".
13
82 Clause 1A of Schedule 1 (paragraph (d) of the definition of
14
agency head)
15
Repeal the paragraph, substitute:
16
(d) the Director-General of National Intelligence; or
17
83 Clause 1A of Schedule 1 (paragraph (a) of the definition of
18
operationally sensitive information)
19
Omit "ONA", substitute "ONI".
20
84 Paragraph 20(2)(d) of Schedule 1
21
Omit "ONA", substitute "ONI".
22
Privacy Act 1988
23
85 Subsection 6(1) (paragraph (c) of the definition of
24
intelligence agency)
25
Repeal the paragraph, substitute:
26
(c) the Office of National Intelligence.
27
Schedule 2 Consequential amendments
18
Office of National Intelligence (Consequential and Transitional
Provisions) Bill 2018
No. , 2018
86 After subsection 7(1A)
1
Insert:
2
(1B) Despite subsections (1) and (2), a reference in this Act (other than
3
section 8) to an act or to a practice does not include a reference to
4
the act or practice by an agency with an intelligence role or
5
function (within the meaning of the Office of National Intelligence
6
Act 2018) so far as it involves the disclosure of personal
7
information to the Office of National Intelligence.
8
87 Subsection 80P(7) (paragraph (c) of the definition of
9
designated secrecy provision)
10
Omit "40A to 40M", substitute "40B to 40H, 40L, 40M".
11
88 Subsection 80P(7) (after paragraph (c) of the definition of
12
designated secrecy provision)
13
Insert:
14
(ca) sections 42 to 44 of the Office of National Intelligence Act
15
2018;
16
Public Interest Disclosure Act 2013
17
89 Section 8 (paragraph (f) of the definition of intelligence
18
agency)
19
Repeal the paragraph, substitute:
20
(f) the Office of National Intelligence.
21
90 Paragraph 72(1)(j)
22
Repeal the paragraph, substitute:
23
(j) the Office of National Intelligence; or
24
Remuneration and Allowances Act 1990
25
91 Part 3 of Schedule 2 (table item dealing with
26
Director-General, Office of National Assessments)
27
Omit "Director-General, Office of National Assessments", substitute
28
"Director-General of National Intelligence".
29
Amendments contingent on the National Security Legislation Amendment (Espionage
and Foreign Interference) Act 2018 Schedule 3
No. , 2018
Office of National Intelligence (Consequential and Transitional
Provisions) Bill 2018
19
Schedule 3--Amendments contingent on the
1
National Security Legislation
2
Amendment (Espionage and Foreign
3
Interference) Act 2018
4
5
Criminal Code Act 1995
6
1 Subsection 121.1(1) of the Criminal Code (paragraph (f) of
7
the definition of domestic intelligence agency)
8
Repeal the paragraph, substitute:
9
(f) the Office of National Intelligence.
10
Schedule 4 Transitional provisions
Part 1 Definitions
20
Office of National Intelligence (Consequential and Transitional
Provisions) Bill 2018
No. , 2018
Schedule 4--Transitional provisions
1
Part 1--Definitions
2
1 Definitions
3
(1)
In this Schedule:
4
commencement means the day that this Schedule commences.
5
Director-General of ONA means the Director-General of ONA holding
6
office under section 10 of the old law.
7
new law means the Office of National Intelligence Act 2018.
8
old law means the Office of National Assessments Act 1977, as in force
9
immediately before commencement.
10
ONA means the Office of National Assessments established by
11
section 4 of the old law.
12
(2)
An expression used in this Schedule that is also used in the new law has
13
the same meaning in this Schedule as it has in the new law.
14
Transitional provisions Schedule 4
Director-General's continued appointment Part 2
No. , 2018
Office of National Intelligence (Consequential and Transitional
Provisions) Bill 2018
21
Part 2--Director-General's continued appointment
1
2 Director-General of ONA continues as Director-General of
2
National Intelligence
3
The person who held office as the Director-General of ONA
4
immediately before commencement is taken to have been appointed as
5
the Director-General of National Intelligence by the Governor-General
6
under section 24 of the new law:
7
(a) for the balance of the person's term of appointment that
8
remained immediately before commencement; and
9
(b) in relation to remuneration and allowances--on the same
10
terms and conditions as applied to the person before
11
commencement; and
12
(c) in relation to any other term and condition of appointment--
13
on the terms and conditions provided for by Division 3 of
14
Part 3 of the new law.
15
Schedule 4 Transitional provisions
Part 3 References to, and things done by or in relation to, ONA or the Director-General
22
Office of National Intelligence (Consequential and Transitional
Provisions) Bill 2018
No. , 2018
Part 3--References to, and things done by or in
1
relation to, ONA or the Director-General
2
3 Things done by, or in relation to, ONA
3
(1)
If a thing was done by, or in relation to, ONA, then the thing is taken,
4
for the purposes of the operation of any law on and after
5
commencement, to have been done by, or in relation to, ONI.
6
(2)
The Prime Minister may, in writing, determine that subitem (1) does not
7
apply in relation to a specified thing done by, or in relation to, ONA.
8
(3)
To avoid doubt, doing a thing includes making an instrument.
9
(4)
A determination under subitem (2) is not a legislative instrument.
10
4 Things done by, or in relation to, the Director-General of
11
ONA
12
(1)
If a thing was done by, or in relation to, the Director-General of ONA,
13
then the thing is taken, for the purposes of the operation of any law on
14
and after commencement, to have been done by, or in relation to, the
15
Director-General of National Intelligence.
16
(2)
The Prime Minister may, in writing, determine that subitem (1) does not
17
apply in relation to a specified thing done by, or in relation to, the
18
Director-General of ONA.
19
(3)
To avoid doubt, doing a thing includes making an instrument.
20
(4)
A determination under subitem (2) is not a legislative instrument.
21
Transitional provisions Schedule 4
Miscellaneous Part 4
No. , 2018
Office of National Intelligence (Consequential and Transitional
Provisions) Bill 2018
23
Part 4--Miscellaneous
1
5 Requests for reports or assessments
2
If, before commencement:
3
(a) a request had been made under subsection 5(2) of the old law
4
for a report or an assessment; and
5
(b) the report had not been prepared or the assessment made;
6
then, the request is treated as if it had been made under section 22 of the
7
new law.
8
Note:
The Director-General of National Intelligence must endeavour to respond to requests
9
under section 22 of the new law: see paragraph 16(1)(c) of the new law.
10
6 National Assessments Board
11
Membership of the Board
12
(1)
If, immediately before commencement, a person was a member of the
13
National Assessments Board, then the person continues to be a member
14
of the Board on and after commencement until the person's membership
15
of the Board ceases due to a variation in the membership of the Board
16
by the Director-General of National Intelligence under section 48 of the
17
new law.
18
Board
's consideration of national assessments
19
(2)
If:
20
(a) an assessment was prepared before commencement; and
21
(b) at commencement, the National Assessments Board had not
22
completed its consideration of the assessment;
23
then, despite the repeal of the Office of National Assessments Act 1977,
24
the Board must complete its consideration of the assessment, and the
25
Director-General must deal with the assessment, in accordance with the
26
old law.
27
7 Continuation of existing inquiries under the
28
Inspector-General of Intelligence and Security Act 1986
29
If the Inspector-General of Intelligence and Security had begun, but not
30
completed, an inquiry in relation to ONA under section 8 of the
31
Schedule 4 Transitional provisions
Part 4 Miscellaneous
24
Office of National Intelligence (Consequential and Transitional
Provisions) Bill 2018
No. , 2018
Inspector-General of Intelligence and Security Act 1986 before
1
commencement, then, for the purposes of completing that inquiry:
2
(a) the Inspector-General of Intelligence and Security Act 1986,
3
as in force on the day that the inquiry began, continues in
4
force despite the amendments made by this Act and the
5
enactment of the new law; and
6
(b) any other Act amended by this Act, as in force on the day
7
that the inquiry began, continues in force despite the
8
amendments made by this Act.
9
Note:
This means, for example, that a person who was given a notice under section 18 of the
10
Inspector-General of Intelligence and Security Act 1986 before commencement in
11
relation to an inquiry is still required to comply with the notice after that date if the
12
person has not done so.
13
8 Transitional rules
14
(1)
The Prime Minister may, by legislative instrument, make rules
15
prescribing matters of a transitional nature (including prescribing any
16
saving or application provisions) relating to:
17
(a) the amendments or repeals made by this Act; or
18
(b) the enactment of this Act or the new law.
19
(2)
To avoid doubt, the rules may not do the following:
20
(a) create an offence or civil penalty;
21
(b) provide powers of:
22
(i) arrest or detention; or
23
(ii) entry, search or seizure;
24
(c) impose a tax;
25
(d) set an amount to be appropriated from the Consolidated
26
Revenue Fund under an appropriation in this Act;
27
(e) directly amend the text of this Act.
28
(3)
This Act (other than subitem (2)) does not limit the rules that may be
29
made for the purposes of subitem (1).
30