Office of National Intelligence Act 2018

The functions of the Director‑General are:

subject to any direction by the Prime Minister under section 12, to ensure the proper, efficient and effective performance of ONI’s functions; and

to manage ONI; and

to endeavour to respond to requests under section 22 for reports or assessments; and

if the Director‑General considers that an assessment made by ONI should be a national assessment but the National Assessments Board does not, or vice versa, to decide whether the assessment is a national assessment; and

any other functions conferred on the Director‑General by this Act or any other law of the Commonwealth.

The Director‑General must inform the Prime Minister:

if the Director‑General decides that an assessment is not to be a national assessment under paragraph (1)(d); and

of the matter or matters on which there is a difference of opinion in relation to the assessment.

The Director‑General has power to do all things necessary or convenient to be done for or in connection with the performance of the Director‑General’s functions.

The Director‑General must perform the Director‑General’s functions and powers 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.

In particular, the Director‑General’s functions and powers 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.

To avoid doubt, the reference to directing in paragraphs (5)(a) and (c) is not limited to directions given by the Director‑General under section 20.