(1) The Director - General may, by signed writing, determine that section 26C or 26D or subsection 26E(1) or (2) does not apply to:
(a) a specified ASIO affiliate; or
(b) a specified class of ASIO affiliates.
(2) A determination under subsection (1) has effect accordingly.
(3) A determination under subsection (1) is not a legislative instrument.
(4) The Director - General may, by signed writing, delegate the Director - General's power under this section to:
(a) a Deputy Director - General; or
(b) any other ASIO employee or ASIO affiliate who holds, or is acting in, a position in the Organisation that is equivalent to or higher than a position occupied by an SES employee with a classification of SES Band 2.
(5) In exercising powers under a delegation, the delegate must comply with any written direction given by the Director - General to the delegate.