Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Act, unless the contrary intention appears:
"ACIC" means the agency known as the Australian Criminal Intelligence Commission established by the Australian Crime Commission Act 2002 .
"adverse security assessment" has the same meaning as in Part IV of the Australian Security Intelligence Organisation Act 1979 .
"AGO" means that part of the Defence Department known as the Australian Geospatial - Intelligence Organisation, and any part of the Defence Force that performs functions on behalf of that part of the Department.
"APS Code of Conduct" means the rules in section 13 of the Public Service Act 1999 .
"ASD" means the Australian Signals Directorate.
"ASIO" means the Australian Security Intelligence Organisation continued in existence by the Australian Security Intelligence Organisation Act 1979 .
"ASIO affiliate" has the same meaning as in the Australian Security Intelligence Organisation Act 1979 .
"ASIO employee" has the same meaning as in the Australian Security Intelligence Organisation Act 1979 .
"ASIS" means the Australian Secret Intelligence Service.
"Australia" , when used in a geographical sense, includes the external Territories.
"CEO of ACIC" means the Chief Executive Officer of ACIC.
"Commonwealth agency" means the following:
(a) a Department of State, or an Agency within the meaning of the Public Service Act 1999 ;
(b) the Australian Defence Force;
(c) an intelligence agency;
(d) a body, whether incorporated or not, established for public purposes by or under a law of the Commonwealth;
(e) the holder of an office established for public purposes by or under a law of the Commonwealth;
(f) a body, whether incorporated or not, declared to be a Commonwealth agency by a legislative instrument made under subsection (4).
"contracted service provider" , for an IGIS contract, means:
(a) a person who is a party to the IGIS contract and who is responsible for the provision of services to the Inspector - General under the IGIS contract; or
(b) a subcontractor for the IGIS contract.
"Defence Department" means the Department of State that deals with defence and that is administered by the Minister administering section 1 of the Defence Act 1903 .
"DIO" means that part of the Defence Department known as the Defence Intelligence Organisation.
"disclosable conduct" has the same meaning as in the Public Interest Disclosure Act 2013 .
"discrimination" has the same meaning as in the Australian Human Rights Commission Act 1986 .
"employee" , in relation to a Commonwealth agency, means a person who is employed, whether in a permanent or temporary capacity, in the agency.
"head" means:
(a) in relation to ASIO--the Director - General of Security; or
(b) in relation to ASIS--the Director - General of ASIS; or
(ba) in relation to ASD--the Director - General of ASD; or
(c) in relation to AGO--the Director of AGO; or
(d) in relation to DIO--the Director of DIO; or
(e) in relation to ACIC--the CEO of ACIC; or
(ea) in relation to the Australian Federal Police--the Commissioner of Police; or
(f) in relation to ONI--the Director - General of National Intelligence; or
(g) in relation to any other Commonwealth agency:
(i) in the case of a Department of State--the Secretary of the Department; or
(ii) otherwise--the person holding, or performing the duties of, the principal office in respect of the agency.
"human rights" has the same meaning as in the Australian Human Rights Commission Act 1986 .
"IGIS contract" means a contract, to which the Inspector - General is a party, under which services are to be, or were to be, provided to the Inspector - General.
"IGIS official" (short for Inspector - General of Intelligence and Security official) means:
(a) the Inspector - General; or
(b) any other person covered by subsection 32(1).
"Information Commissioner" : see section 3A of the Australian Information Commissioner Act 2010 .
"Inspector-General" means the Inspector - General of Intelligence and Security.
"Inspector-General ADF" means the Inspector - General of the Australian Defence Force referred to in section 110B of the Defence Act 1903 .
"integrity body" :
(a) means any of the following:
(i) the Ombudsman;
(ii) the Australian Human Rights Commission;
(iii) the Information Commissioner;
(iv) the National Anti - Corruption Commissioner;
(iva) the Inspector of the National Anti - Corruption Commission;
(v) the Inspector - General ADF; and
(b) for a complaint--has the meaning given by paragraph 11(4A)(a).
"intelligence agency" means:
(a) ASIO, ASIS, AGO, DIO, ASD or ONI; or
(b) the following agencies that have an intelligence function:
(i) the Australian Federal Police;
(ii) ACIC.
"intelligence function" :
(a) for ACIC--means:
(i) the collection, correlation, analysis, production and dissemination of intelligence obtained by ACIC from the execution of a network activity warrant; or
(ii) the performance of a function, or the exercise of a power, conferred on a law enforcement officer of ACIC by the network activity warrant provisions of the Surveillance Devices Act 2004 ; or
(b) for the Australian Federal Police--means:
(i) the collection, correlation, analysis, production and dissemination of intelligence obtained by the Australian Federal Police from the execution of a network activity warrant; or
(ii) the performance of a function, or the exercise of a power, conferred on a law enforcement officer of the Australian Federal Police by the network activity warrant provisions of the Surveillance Devices Act 2004 .
"Judge" means:
(a) a Judge of a court created by the Parliament or of a court of a State or of the Northern Territory (other than a Judge or acting Judge of the Local Court of the Northern Territory); or
(b) a person who has the same designation and status as a Judge of a court created by the Parliament.
"law enforcement officer" , when used in relation to the Australian Federal Police or ACIC, has the same meaning as in the Surveillance Devices Act 2004 .
"member" , in relation to a Commonwealth agency, means:
(a) an employee of the agency; or
(b) a person who is authorised to perform any of the functions of the agency on behalf of the agency.
"network activity warrant" has the same meaning as in the Surveillance Devices Act 2004 .
"network activity warrant provisions of the Surveillance Devices Act 2004" means:
(a) Division 6 of Part 2 of that Act; or
(b) the remaining provisions of that Act so far as they relate to network activity warrants.
"Ombudsman" means the Commonwealth Ombudsman.
"ONI" means the Office of National Intelligence.
"ONI Act employee" means a member of the staff of ONI employed under subsection 33(3) of the Office of National Intelligence Act 2018 .
"paid work" means work for financial gain or reward (whether as an employee, a self - employed person or otherwise).
"positive duty in relation to sex discrimination" means section 47C of the Sex Discrimination Act 1984 .
" Public Service Act ONI employee" means a member of the staff of ONI engaged under the Public Service Act 1999 .
"qualified security assessment" has the same meaning as in Part IV of the Australian Security Intelligence Organisation Act 1979 .
"responsible Minister" , in relation to a Commonwealth agency, means:
(a) in the case of an agency established or continued in existence by an Act--the Minister administering that Act, or the part of the Act that establishes the agency or continues the agency in existence; or
(b) in any other case--the Minister having general responsibility for the activities of the agency.
"security" has the same meaning as in the Australian Security Intelligence Organisation Act 1979 .
"subcontractor" , for an IGIS contract, means a person:
(a) who is a party to a contract (the subcontract ):
(i) with a contracted service provider for the IGIS contract (within the meaning of paragraph (a) of the definition of contracted service provider); or
(ii) with a subcontractor for the IGIS contract (under a previous application of this definition); and
(b) who is responsible under the subcontract for the provision of services to the Inspector - General, or to a contracted service provider for the IGIS contract, for the purposes (whether direct or indirect) of the IGIS contract.
(2) In this Act, unless the contrary intention appears, a reference to the taking of action includes a reference to:
(a) the making of a decision or recommendation; and
(b) the failure or refusal to take any action or to make a decision or recommendation.
(3) For the purposes of this Act, action that is taken by a member of a Commonwealth agency is deemed to be taken by the agency if the member takes the action in his or her capacity as a member of the agency, whether or not:
(a) the action is taken for or in connection with, or is incidental to, the performance of the functions of the agency; or
(b) the taking of the action is within the duties of the member.
(4) The Attorney - General may, by legislative instrument, declare a body to be a Commonwealth agency for the purposes of paragraph (f) of the definition of that expression in subsection (1).