Office of National Intelligence Act 2018

If the Director‑General considers it necessary to enable ONI to perform its function under paragraph 7(1)(a) (to lead the national intelligence community), the Director‑General may give written directions to:

for the national intelligence community as a whole—the head of each agency within the community; or

for a class of agencies within the national intelligence community—the head of each agency within the class; or

the head of a particular intelligence agency or agency with an intelligence role or function.

The Director‑General and ONI must perform functions in ways that do not inappropriately impact on, or encroach on, the functions and responsibilities of intelligence agencies, see sections 10 and 16. In particular, for matters on which directions may not be given: see subsections 10(2) and 16(5).

Before giving a direction, the Director‑General must consult with:

the head of any agency mentioned in subsection (1) that would be affected by the proposed direction; and

if AGO would be affected by the proposed direction—the head of AGO and the Secretary of the Defence Department; and

if DIO would be affected by the proposed direction—the head of DIO and the Secretary of the Defence Department.

A direction given under this section in relation to an agency mentioned in subsection (1) has no effect to the extent that:

the direction is inconsistent with a direction given to the agency or head of the agency by the Minister responsible for the agency; or

the direction is inconsistent with a statutory rule made by the Minister responsible for the agency and applicable to the agency; or

compliance with the direction would be inconsistent with a guideline given to the agency or head of the agency by the Minister responsible for the agency; or

compliance with the direction would be directly inconsistent with obligations imposed on the agency or head of the agency by any other law of the Commonwealth.

Failure to comply with a direction given under this section cannot result in any sanction or penalty being imposed on:

an intelligence agency; or

an agency with an intelligence role or function; or

the head of an intelligence agency or an agency with an intelligence role or function.

See also subsection 9(2).

A direction given under this section is not a legislative instrument.