Commonwealth Numbered Acts

INSPECTOR-GENERAL OF INTELLIGENCE AND SECURITY ACT 1986 No. 101 of 1986 - SECT 3

3. (1) In this Act, unless the contrary intention appears-

"adverse security assessment" has the same meaning as in Part IV of the
Australian Security Intelligence Organization Act 1979;

"agency" means ASIO, ASIS, DSD, JIO or ONA;

"ASIO" means the Australian Security Intelligence Organization continued in
existence by the Australian Security Intelligence Organization Act 1979;

"ASIS" means the Australian Secret Intelligence Service;

"Australia", when used in a geographical sense, includes the external
Territories;

"Commonwealth agency" has the same meaning as in Part IV of the Australian 
Security Intelligence Organization Act 1979 ;

"DSD" means that part of the Department of Defence known as the Defence
Signals Directorate, and includes any part of the Defence Force that performs
functions on behalf of that part of that Department;

"employee", in relation to an agency, means a person who is employed, whether
in a permanent or temporary capacity, in the agency;

"head", in relation to ASIO, ASIS, DSD, JIO or ONA means the Director-General
of Security, the Director-General of ASIS, the Director of DSD, the Director
of JIO or the Director-General of ONA, as the case may be;

"human rights" has the same meaning as in the Human Rights Commission Act 
1981 ;

"Inspector-General" means the Inspector-General of Intelligence and Security;

"JIO" means that part of the Department of Defence known as the Joint
Intelligence Organisation;

"Judge" means-

   (a)  a Judge of a court created by the Parliament or of a court of a State
        or of the Northern Territory; or

   (b)  a person who has the same designation and status as a Judge of a court
        created by the Parliament;

"member", in relation to an agency, means-

   (a)  an employee of the agency; or

   (b)  a person who is authorised to perform any of the functions of the
        agency on behalf of the agency;

"ONA" means the Office of National Assessments established by the Office of 
National Assessments Act 1977 ;

"permanent resident" means a person, other than an Australian citizen-

   (a)  whose normal place of residence is situated in Australia;

   (b)  whose presence in Australia is not subject to any limitation as to
        time imposed by law; and

   (c)  who is not a prohibited non-citizen within the meaning of the
        Migration Act 1958;

"qualified security assessment" has the same meaning as in Part IV of the
Australian Security Intelligence Organization Act 1979;

"responsible Minister", in relation to an agency, means-

   (a)  in the case of an agency established or continued in existence by an
        Act-the Minister administering that Act; or

   (b)  in any other case-the Minister having general responsibility for the
        activities of the agency;

"security" has the same meaning as in the Australian Security Intelligence 
Organization Act 1979 .

(2) In this Act, unless the contrary intention appears, a reference to the
taking of action includes a reference to-

   (a)  the making of a decision or recommendation; and

   (b)  the failure or refusal to take any action or to make a decision or
        recommendation.

(3) For the purposes of this Act, action that is taken by a member of an
agency shall be deemed to be taken by the agency if the member takes the
action in his or her capacity as a member of the agency, whether or not-

   (a)  the action is taken for or in connection with, or is incidental to,
        the performance of the functions of the agency; or

   (b)  the taking of the action is within the duties of the member.