Office of National Intelligence Act 2018

To assist ONI’s performance of its functions or the Director‑General’s performance of the Director‑General’s functions, the Director‑General may, by written notice to the heads of the agencies within the national intelligence community, issue guidelines to be followed in relation to matters relevant to, or affecting:

the national intelligence community as a whole; or

a class of agencies within the national intelligence community.

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 guidelines may not be issued: see subsections 10(2) and 16(5).

Before issuing guidelines, the Director‑General must consult with:

the heads of agencies within the national intelligence community that would be affected by the proposed guidelines; and

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

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

Failure to comply with guidelines issued 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).

Guidelines issued under this section are not a legislative instrument.