EXPLANATORY STATEMENT
AUSTRALIAN SECURITY INTELLIGENCE ORGANIZATION REGULATIONS (AMENDMENT)
1990 No. 308
Subsection 82(1) provides that a person summoned to appear as a witness before the Security Appeals Tribunal (the Tribunal) is entitled to be paid fees, and allowances for expenses, fixed by or in accordance with the Regulations.
The Tribunal is established under Part IV of the Act to review, on the application of affected persons, adverse or qualified security assessments furnished by the Australian Security Intelligence Organization.
The Australian Security Intelligence Organization Regulations (Amendment) amend the Australian Security Intelligence Organization Regulations (ASIO Regulations) to increase the fees and allowances payable to witnesses summoned to appear before the Tribunal and to change the address of the Tribunal.
Schedule 1 to the ASIO Regulations have been amended to specify the physical location and postal address at which applications for review by the Tribunal now may be lodged. The Registry has moved, necessitating the amendment to the Regulations to reflect the new address.
Schedule 2 to the ASIO Regulations deals with the fees and allowances that must be paid to witnesses summoned to appear before the Tribunal. This is the first amendment to the ASIO Regulations, including Schedule 2, since they were made in 1980. The proposed Regulations insert a new Schedule 2 to reflect the effects of inflation since 1980 and also to make minor textual changes. The proposed fees are modelled on witnesses’ fees recently set in relation to the Administrative Appeals Tribunal.
Authorised by the Attorney-General
Overview
The Australian Security Intelligence Organisation Regulations (Amendment) 1990 was enacted to address the need for updating the fees and allowances payable to witnesses appearing before the Security Appeals Tribunal, as well as to reflect the change in the Tribunal's address. This amendment arises from the requirement under subsection 82(1) of the Australian Security Intelligence Organisation Act 1979 to compensate witnesses for their time and expenses incurred during the review process. The policy objective of these amendments is to ensure the Tribunal's operations remain fair and reflective of current economic conditions. Authorised by the Attorney-General, the Regulations update the allowances to account for inflation since the original ASIO Regulations were made in 1980 and align them with recent witness fees set for the Administrative Appeals Tribunal, thereby maintaining consistency across tribunals and ensuring that witnesses are fairly compensated for their participation.
Scope and Application
The Australian Security Intelligence Organization Regulations (Amendment) 1990 No. 308 amends the Australian Security Intelligence Organization Regulations (ASIO Regulations) to adjust the fees and allowances payable to witnesses who are summoned to appear before the Security Appeals Tribunal, which is established under Part IV of the Australian Security Intelligence Organization Act. This amendment ensures that the payments to witnesses are updated to reflect inflation and align with recent changes made to the fees for witnesses in the Administrative Appeals Tribunal. The amendment also updates the address for lodging applications for review by the Tribunal, reflecting the physical relocation of the Tribunal’s Registry. These changes apply to individuals summoned as witnesses in proceedings before the Security Appeals Tribunal, ensuring that they receive fair compensation for their time and expenses incurred during their testimony. The amendments extend to the geographic jurisdiction of the Commonwealth of Australia, with the new address specified for the purposes of lodging applications and the updated fees applicable to witnesses throughout the nation.
Key Provisions
The Australian Security Intelligence Organisation Regulations (Amendment) 1990 No. 308 primarily revises the Australian Security Intelligence Organisation Regulations (ASIO Regulations) to adjust the fees and allowances for witnesses appearing before the Security Appeals Tribunal, as well as to update the Tribunal’s address. Section 82(1) of the Act ensures that any person summoned to testify before the Tribunal is entitled to remuneration for their time and expenses incurred, as determined by the Regulations (subsection 82(1)). The Regulations now specify an updated fee structure, reflecting economic changes since their initial establishment in 1980, and align more closely with the fees set for witnesses in the Administrative Appeals Tribunal.
The amended Regulations impose certain obligations on the Australian Security Intelligence Organisation and the Security Appeals Tribunal. Firstly, the ASIO must ensure that any witness summoned to appear before the Tribunal is paid the stipulated fees and allowances for their appearance and expenses. This requirement ensures that individuals who participate in Tribunal proceedings are fairly compensated for their involvement. Additionally, the Tribunal must adhere to the new postal and physical addresses specified in the Regulations, ensuring that any correspondence or applications are correctly directed and handled.
There are no explicit offences or penalties outlined within the Regulations themselves; however, failure to comply with the stipulated fees and allowances for witnesses could potentially lead to legal challenges or complaints regarding the administration of justice. The Regulations are designed to maintain the integrity of the Tribunal’s proceedings by ensuring that witnesses are adequately compensated, thereby encouraging fair and unbiased testimonies. While the Regulations do not set out maximum penalties, any breaches of the outlined obligations could result in legal action being taken against the ASIO or the Tribunal for non-compliance.