Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Organisation shall be under the control of the Director - General.
(2) Subject to subsections (4) and (5), in the performance of the Director - General's functions under this Act, the Director - General is subject to the directions of the Minister.
(3) If the Director - General requests that a direction of the Minister be put in writing, the Minister shall comply with the request.
(4) The Minister is not empowered to override the opinion of the Director - General concerning the nature of the advice that should be given by the Organisation.
(5) The Minister is not empowered to override the opinion of the Director - General:
(a) on the question whether the collection of intelligence by the Organisation concerning a particular individual would, or would not, be justified by reason of its relevance to security; or
(b) on the question whether a communication of intelligence concerning a particular individual would be for a purpose relevant to security;
except by a direction contained in an instrument in writing that sets out the Minister's reasons for overriding the opinion of the Director - General.
(6) The Minister shall, as soon as practicable after giving a direction in writing to the Director - General, cause a copy of the direction to be given to the Inspector - General of Intelligence and Security and, if the direction relates to a question referred to in subsection (5), to the Prime Minister.
(7) Where intelligence is collected or communicated pursuant to a direction referred to in subsection (5), the Director - General shall cause a record in writing to be kept of the intelligence so collected or communicated.