Intelligence Services Act 2001

The responsible Minister in relation to DIO must make written rules regulating the communication and retention by DIO of intelligence information concerning Australian persons.

DIO must not communicate intelligence information concerning Australian persons, except in accordance with the rules.

In making the rules, the Minister must have regard to the need to ensure that the privacy of Australian persons is preserved as far as is consistent with the proper performance by DIO of its functions.

Before making the rules, the Minister must consult with:

the Attorney‑General; and

the Inspector‑General of Intelligence and Security; and

the Director of DIO.

For the purpose of consultations under paragraphs (4)(a) and (b), the Minister must provide a copy of the rules the Minister is proposing to make to the Attorney‑General and to the Inspector‑General of Intelligence and Security.

The Minister must ensure that the rules are published on DIO’s website as soon as practicable after the rules are made, except to the extent that the rules contain:

operationally sensitive information (within the meaning of Schedule 1); or

information that would or might prejudice:

Australia’s national security or the conduct of Australia’s foreign relations; or

the performance by DIO of its functions.

Rules made under subsection (1) are not legislative instruments.

The Inspector‑General of Intelligence and Security must brief the Committee on the content and effect of the rules if:

the Committee requests the Inspector‑General of Intelligence and Security to do so; or

the rules change.