Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If the independent reviewer has, under subsection 83ED(4), given the Director - General an opinion in relation to the independently reviewable decision, the Director - General must, in as timely a manner as is possible, consider the opinion and decide whether to take any action.
Note: An action may include causing the making, by the Organisation, of a new security clearance decision in respect of the affected person under Division 2.
(2) The Director - General must, as soon as practicable after deciding whether to take any action, give the affected person, the Inspector - General of Intelligence and Security and the sponsoring agency for the security clearance in relation to which the independently reviewable decision was made notice in writing of the Director - General's decision.
(3) If an action the Director - General decides to take is to cause the Organisation to make a new security clearance decision in respect of the affected person under Division 2, the Director - General must ensure that the new decision is not made by either of the following:
(a) the internal reviewer who made the independently reviewable decision;
(b) the person who made the internally reviewable decision in respect of which the internal reviewer made the independently reviewable decision.
Delegation
(4) The Director - General may, in writing, delegate the Director - General's powers and functions under subsection (1) to an ASIO employee, or an 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.
(5) In performing a function or exercising a power under a delegation under subsection (4), the delegate must comply with any written directions of the Director - General.