1Short title
This Act is the Office of National Intelligence Act 2018.
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Bill homepage (APH)This Act is the Office of National Intelligence Act 2018.
Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information | ||
|---|---|---|
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | 10 December 2018 |
2. Sections 3 to 55 | A single day to be fixed by Proclamation. However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. | 20 December 2018 (F2018N00191) |
This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
This Act continues the former Office of National Assessments as the Office of National Intelligence (ONI). ONI’s functions include leading the national intelligence community, carrying out evaluations, providing quality assurance and advice in relation to the Commonwealth’s highest level of security clearances, preparing assessments and reports and otherwise providing advice to the Prime Minister on matters relating to the national intelligence community.
The Director‑General manages ONI and ensures the proper, efficient and effective performance of ONI’s functions. In carrying out the role, the Director‑General may give directions and issue guidelines to be followed by the national intelligence community or particular agencies within the community.
The Director‑General has a leadership role in the national intelligence community and also has responsibility for keeping the Prime Minister informed on matters relating to the national intelligence community and the Leader of the Opposition informed on matters relating to intelligence.
This Act also continues the National Assessments Board. The Board considers whether assessments prepared by ONI are national assessments, and considers national assessments.
Commonwealth authorities must provide relevant information to ONI, if requested to do so, for the purpose of ONI preparing assessments relating to international matters. Commonwealth authorities may provide information to ONI for the purpose of ONI preparing assessments relating to international or other matters.
This Act also deals with other matters such as secrecy obligations, providing for privacy rules to be made to protect the collection, communication and handling of certain personal information about an Australian citizen or permanent resident, as well as other administrative matters.
In this Act:
agency with an intelligence role or function means:
AUSTRAC (within the meaning of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006); or
the Australian Federal Police; or
the Department of Home Affairs; or
the Defence Department (other than AGO or DIO);
to the extent that the agency:
collects, correlates, analyses, produces or disseminates intelligence that relates, or may relate, to national intelligence priorities, requirements or capabilities; or
either:
maintains a capability that materially assists in doing any of the things mentioned in paragraph (e); or
is developing a capability that is designed to materially assist in doing any of the things mentioned in paragraph (e).
The Defence Department does not include the Australian Defence Force.
AGO means that part of the Defence Department known as the Australian Geospatial‑Intelligence Organisation.
ASD means the Australian Signals Directorate.
ASIO means the Australian Security Intelligence Organisation.
ASIS means the Australian Secret Intelligence Service.
AUSTRAC means the Australian Transaction Reports and Analysis Centre.
Commonwealth authority includes:
an Agency within the meaning of the Public Service Act 1999; and
a Department within the meaning of the Parliamentary Service Act 1999; and
the Defence Force; and
a body, whether incorporated or not, established, or continued in existence, for a public purpose by or under a law of the Commonwealth; and
a body corporate in which the Commonwealth or a body referred to in paragraph (d) has a controlling interest.
Defence Department means the Department administered by the Defence Minister.
Defence Minister means the Minister responsible for administering the Defence Act 1903.
Department of Home Affairs means the Department administered by the Home Affairs Minister.
DIO means that part of the Defence Department known as the Defence Intelligence Organisation.
Director‑General means the Director‑General of National Intelligence.
general rules means the rules made under section 55.
head, in relation to an intelligence agency or an agency with an intelligence role or function, means the following persons:
in relation to the ASD—the Director‑General of ASD;
in relation to the ASIO—the Director‑General of Security;
in relation to the ASIS—the Director‑General of the ASIS;
in relation to AUSTRAC—the Chief Executive Officer of AUSTRAC;
in relation to the agency known as the Australian Criminal Intelligence Commission—the Chief Executive Officer of that agency;
in relation to the Australian Federal Police—the Commissioner of Police;
in relation to the part of the Defence Department known as the Australian Geospatial‑Intelligence Organisation—the Director of that part of the Department;
in relation to the part of the Defence Department known as the Defence Intelligence Organisation—the Director of that part of the Department;
in relation to ONI—the Director‑General;
in relation to any other Department of the Commonwealth or part of such a Department—the Secretary of the Department.
Home Affairs Minister means the Minister administering the Australian Border Force Act 2015.
IGIS official: see Inspector‑General of Intelligence and Security official.
Inspector‑General of Intelligence and Security official or IGIS official means:
the Inspector‑General of Intelligence and Security; or
a person covered by subsection 32(1) of the Inspector‑General of Intelligence and Security Act 1986.
intelligence agency means:
ASD, ASIO, ASIS, AGO or DIO; or
the agency known as the Australian Criminal Intelligence Commission.
intelligence information has the meaning given by subsection 53(1C).
national intelligence community means the following agencies:
ONI;
each intelligence agency;
each agency with an intelligence role or function.
national security has the same meaning as in the National Security Information (Criminal and Civil Proceedings) Act 2004.
ONI means the body continued in existence by section 6 under the name Office of National Intelligence.
paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).
permanent resident means:
a natural person who is a permanent resident within the meaning of the Australian Security Intelligence Organisation Act 1979; or
a body corporate incorporated under a law in force in a State or Territory, other than a body corporate whose activities one or more of the following controls, or is in a position to control, whether directly or indirectly:
a foreign power;
a natural person who is neither an Australian citizen nor a person covered by paragraph (a);
a group of natural persons, none of whom is an Australian citizen or a person covered by paragraph (a).
personal information about an Australian citizen or permanent resident has the meaning given by subsection 53(1B).
prescribed Commonwealth officer means:
a Secretary of a Department; or
the Chief of the Defence Force; or
the Commissioner of the Australian Federal Police; or
the Australian Border Force Commissioner (within the meaning of the Australian Border Force Act 2015); or
the Director‑General of ASD; or
the Director‑General of ASIS; or
the Chief Executive Officer of the agency known as the Australian Criminal Intelligence Commission; or
the AUSTRAC CEO (within the meaning of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006); or
the Director‑General of Security holding office under the Australian Security Intelligence Organisation Act 1979; or
any other person employed by the Commonwealth (whether under the Public Service Act 1999 or otherwise) who is authorised in an instrument under subsection (2).
privacy rules means the rules made under section 53.
public international organisation has the same meaning as in section 70.1 of the Criminal Code.
record means a document, or any other object by which words, images, sounds or signals are recorded or stored or from which information can be obtained, and includes part of a record.
For the definition of document, see section 2B of the Acts Interpretation Act 1901.
staff member means:
a member of the staff of ONI referred to in section 33; or
a consultant engaged under section 34; or
a person whose services are made available to the Director‑General under section 36.
State authority includes:
a Department of State of a State or Territory or a Department of the Public Service of a State or Territory; and
a body, whether incorporated or not, established, or continued in existence, for a public purpose by or under a law of a State or Territory; and
a body corporate in which a State, Territory or a body referred to in paragraph (b) has a controlling interest.
Prescribed Commonwealth officer instrument
The Prime Minister may, in writing, authorise a person employed by the Commonwealth (whether under the Public Service Act 1999 or otherwise) for the purposes of paragraph (j) of the definition of prescribed Commonwealth officer in subsection (1).
This Act extends to every external Territory.
The Office of National Assessments established by section 4 of the Office of National Assessments Act 1977 continues in existence, by force of this subsection, under and subject to the provisions of this Act, under the name Office of National Intelligence.
For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):
ONI is a listed entity; and
the Director‑General is the accountable authority of ONI; and
the following persons are officials of ONI:
the Director‑General;
the staff of ONI referred to in section 33;
consultants engaged under section 34;
persons whose services are made available to the Director‑General under section 36; and
the purposes of ONI include the functions of ONI referred to in section 7.
ONI has the following functions:
to lead the national intelligence community, as described in section 8;
to carry out the evaluation functions mentioned in section 9;
to:
provide quality assurance, reporting and advice to support the consistency and transferability of the highest level of security clearances issued by the Commonwealth; and
assist the Commonwealth authorities that sponsor those security clearances to establish and maintain those authorities’ capability to prevent and detect insider threats;
to:
assemble, correlate and analyse information relating to international matters that are of political, strategic or economic significance to Australia, including domestic aspects relating to such matters; and
prepare assessments and reports in relation to such matters in accordance with the Government’s requirements;
to:
assemble, correlate and analyse information relating to other matters that are of political, strategic or economic significance to Australia; and
prepare assessments and reports in relation to such matters in accordance with the Government’s requirements;
if doing so would support the performance of any other function or the Director‑General’s functions, or complement the work of the national intelligence community;
to provide advice to the Prime Minister, from a whole‑of‑national intelligence community perspective, on national intelligence priorities, requirements and capabilities;
to provide advice, from time to time, to the Prime Minister on matters relating to the national intelligence community more generally;
to collect, interpret and disseminate information relating to matters of political, strategic or economic significance to Australia that is accessible to any section of the public;
to communicate, in accordance with the Government’s requirements, intelligence that is produced under paragraph (c), (d) or (g);
to cooperate with and assist bodies referred to in section 14 in accordance with that section;
to provide assessments or reports, prepared under paragraph (c) or (d), to a person or body, inside or outside Australia;
such other functions as are conferred on ONI by this Act or any other law of the Commonwealth;
to do anything incidental or conducive to the performance of any of its functions.
For matters that do not form part of ONI’s functions: see subsection 10(2).
ONI must perform its function under paragraph (1)(a) in ways that promote the appropriate integration of the intelligence capabilities of the national intelligence community.
The Director‑General must ensure that ONI performs its functions in ways that do not inappropriately impact on, or encroach on, the functions and responsibilities of other agencies within the national intelligence community: see subsection 10(1).
The Prime Minister may give directions to the Director‑General about the performance of ONI’s functions, but not in relation to the content or conclusions to be contained in any advice, report or assessment by ONI: see section 12.
ONI is to provide leadership in the national intelligence community by guiding the direction of the national intelligence community so as to ensure the following:
the development, strategic planning, coordination and appropriate integration of matters relating to the national intelligence community;
prioritisation of national intelligence priorities and requirements, and allocation of resources accordingly;
structured and appropriate responses to technological advancements.
Examples of the ways in which ONI might provide that leadership in the national intelligence community include:
identifying particular areas of intelligence focus that require greater integration and overseeing appropriate action; and
developing strategic policies relating to the national intelligence community, and coordinating and overseeing their implementation; and
coordinating matters relating to the national intelligence community.
Leadership could, for example, be provided in areas such as intelligence liaison with international partners, engagement with the private sector, workforce planning, training for agencies within the national intelligence community, data management, or information technology and communication networks or systems.
ONI must perform its leadership function in ways that are consistent with other agencies in the national intelligence community developing relationships with other entities, including international partners and the private sector.
ONI’s leadership in the national intelligence community is to be supported by:
directions given by the Director‑General under section 20; and
guidelines issued by the Director‑General under section 21.
The evaluation functions of ONI are the following:
evaluating the activities of an affected agency or agencies, having regard to:
Australia’s national intelligence priorities and requirements; and
the intelligence needs of relevant Ministers;
evaluating the adequacy of the resources available to carry out Australia’s national intelligence activities and whether those resources are being appropriately allocated;
to the extent required to perform any other function, evaluating other aspects of an affected agency or agencies;
at the direction of the Prime Minister, evaluating an affected agency or agencies to assess the national intelligence community’s effectiveness in relation to specific matters;
providing advice to the Prime Minister on:
the results of any evaluations made; and
any improvements or changes that should be made to remedy any identified inadequacies.
In carrying out its evaluation functions, ONI may have regard to:
directions given by the Director‑General under section 20; and
guidelines issued by the Director‑General under section 21; and
to the extent that an evaluation relates to an affected agency or agencies, any failure by the affected agency or agencies to comply with:
a direction given by the Director‑General under section 20; or
a guideline issued by the Director‑General under section 21.
Before providing advice to the Prime Minister under this section, ONI must consult with any affected agency or agencies to which the advice relates. Any advice provided to the Prime Minister must include any comments made by any affected agency or agencies that are relevant to the advice.
In this section:
affected agency or agencies means:
a particular intelligence agency; or
a particular agency with an intelligence role or function; or
ONI; or
a class of agencies within the national intelligence community; or
the national intelligence community as a whole.
The Director‑General must ensure that ONI performs its functions in ways that do not inappropriately impact on, or encroach on the functions, powers and responsibilities of:
an intelligence agency; or
an agency with an intelligence role or function; or
a Department in relation to an intelligence agency or agency with an intelligence role or function in the same portfolio as the Department; or
a person who holds any office or appointment under a law of the Commonwealth, being an office or appointment that relates to an agency within the national intelligence community or the national intelligence community more generally.
The Director‑General must also take all reasonable steps to ensure that ONI is kept free from any influences or considerations not relevant to its functions and that nothing is done that might lend colour to any suggestion that ONI is concerned to further or protect the interests of any particular section of the community: see section 19.
In particular, ONI’s functions do not include the following:
directing an intelligence agency or an agency with an intelligence role or function to:
carry out operational activities; or
allocate resources, or use particular methods, when carrying out such operational activities;
conducting inquiries into individual complaints about the activities of:
an intelligence agency; or
an agency with an intelligence role or function;
directing the content of, or conclusions reached in, any intelligence communicated, or any advice given or assessments or reports prepared, by:
an intelligence agency; or
an agency with an intelligence role or function;
inquiring into the legality, propriety or integrity of activities undertaken by:
an intelligence agency; or
an agency with an intelligence role or function.
Paragraphs (2)(b) and (d) do not prevent ONI from performing its function under paragraph 7(1)(ba).
To avoid doubt, the reference to directing in paragraphs (2)(a) and (c) is not limited to directions given by the Director‑General under section 20.
ONI has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.
Subject to subsection (2), the Prime Minister may give directions to the Director‑General concerning the performance of ONI’s functions or the exercise of ONI’s powers.
However, the Director‑General is not subject to direction in respect of the content of, or any conclusions to be reached in, any advice given, or report or assessment prepared, by ONI under this Act.
The Director‑General need not comply with a direction to the extent that:
compliance with the direction would be inconsistent with the Director‑General’s performance of functions or exercise of powers under the Public Governance, Performance and Accountability Act 2013 in relation to ONI; or
the direction relates to the Director‑General’s performance of functions or exercise of powers under the Public Service Act 1999 in relation to ONI.
The Director‑General may request that a direction be given in writing, and if the Director‑General makes such a request, the Prime Minister must provide the direction in writing.
The Inspector‑General of Intelligence and Security has oversight powers in relation to Ministerial directions given under this Act. See in particular section 32B of the Inspector‑General of Intelligence and Security Act 1986 (which requires the Minister to give a copy of a direction under this section to the Inspector‑General of Intelligence and Security as soon as practicable after the direction is given).
A direction given under this section is not a legislative instrument.
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