Australian Security Intelligence Organization Amendment Act 1988

Overview

The Australian Security Intelligence Organization Amendment Act 1988 was enacted to amend sections 85 and 86 of the Australian Security Intelligence Organization Act 1979. This Act was passed to address certain administrative and procedural issues within the Australian Security Intelligence Organization (ASIO). The Act was assented to on 26 December 1988 by the Queen, in accordance with the authority of the Senate and the House of Representatives of the Commonwealth of Australia. The policy objective of the Act is to refine the guidelines for ASIO and adjust the conditions of employment for its personnel, thereby enhancing the operational efficiency and oversight of ASIO.

Scope and Application

The Australian Security Intelligence Organization Amendment Act 1988 is an Act of the Commonwealth of Australia that amends sections 85 and 86 of the Australian Security Intelligence Organization Act 1979. The Act applies to the Director-General of the Australian Security Intelligence Organization (ASIO) and the Minister responsible for ASIO, and it specifies the guidelines that the Minister can give to the Director-General in relation to the performance of ASIO's functions and powers, including the exercise of powers under sections 85 and 86 of the Principal Act. The Act has a national reach, as it applies to the Commonwealth of Australia. There are no stated exclusions, exemptions, or thresholds in the Act. However, the Act extends the application of the Principal Act through subordinate instruments, such as regulations and guidelines issued by the Minister. These subordinate instruments may provide further detail and clarification on the application of the Act and the guidelines that the Minister can give to the Director-General. Overall, the Act seeks to provide greater flexibility and clarity in the operation of ASIO, while ensuring that its activities are subject to appropriate oversight and accountability mechanisms.

Key Provisions

The Australian Security Intelligence Organization Amendment Act 1988 (Act) primarily amends the Australian Security Intelligence Organization Act 1979 (ASIO Act) and the Australian Security Intelligence Organization Amendment Act 1986 (ASIO Amendment Act). Specifically, the Act modifies the guidelines for the Director-General of the Australian Security Intelligence Organization (ASIO) (section 4) and removes certain offices from the list of those required to be designated as ‘approved persons’ (sections 5 and 6). Additionally, it repeals sections 34 and 35 of the ASIO Amendment Act (section 8). Under the amendments, the Minister can issue guidelines to the Director-General concerning the performance of ASIO's functions or the exercise of its powers, as well as the Director-General's powers under sections 85 and 86 of the ASIO Act (section 4). These guidelines, which replace the previous subsection (1) in section 8a of the ASIO Act, are intended to provide clarity and direction to the Director-General in their role. Furthermore, the Act removes the requirement for the Chairman of the Public Service Board and the Secretary to the Attorney-General's Department to be designated as 'approved persons' (sections 5 and 6). These changes aim to streamline the process of designating approved persons and to ensure that only those individuals necessary for the effective functioning of ASIO are required to be approved. The Act imposes several obligations on ASIO and the Director-General. Firstly, the Director-General must observe the guidelines provided by the Minister, ensuring that ASIO's functions and powers are exercised in accordance with these directives (section 4). Secondly, the Act requires the removal of the aforementioned offices from the list of mandatory 'approved persons' designations. This change necessitates a review of the current list of approved persons to ensure compliance with the amended provisions. The Act does not explicitly outline specific offences, penalties, or consequences for breaches of its provisions. However, given that it amends existing legislation, any breaches of the amended sections would be subject to the penalties and consequences outlined in the ASIO Act and the ASIO Amendment Act. For instance, non-compliance with the guidelines provided by the Minister or failure to designate approved persons where required could potentially result in legal action or other repercussions as stipulated in the ASIO Act. It is essential for ASIO and the Director-General to adhere to the amended provisions to avoid any legal complications or sanctions.