Inspector-General of Intelligence and Security Regulations
Statutory Rules 1987 No. 6 as amended
made under the
Inspector-General of Intelligence and Security Act 1986
This compilation was prepared on 16 January 2001
taking into account amendments up to SR 1989 No. 239
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
Contents
Page
1 Citation [see Note 1]
2 Interpretation
3 Remuneration and allowances: part-time Inspector-General
Notes
1 Citation [see Note 1]
These Regulations may be cited as the Inspector-General of Intelligence and Security Regulations.
2 Interpretation
In these Regulations, unless the contrary intention appears, the Act means the Inspector-General of Intelligence and Security Act 1986.
3 Remuneration and allowances: part-time Inspector-General
Where the Inspector-General is appointed on a part-time basis:
(a) for the purposes of subsection 27 (1) of the Act, he or she must be paid remuneration at a rate equal to two-fifths of the remuneration that would be payable if he or she had been appointed on a full-time basis; and
(b) for the purposes of subsection 27 (2) of the Act, the following allowances are prescribed:
(i) travelling allowance at the rate that would be payable if he or she had been appointed on a full-time basis; and
(ii) expenses-of-office allowance at the rate equal to two-fifths of the allowance that would be payable if he or she had been appointed on a full-time basis.
Notes to the Inspector-General of Intelligence and Security Regulations
Note 1
The Inspector-General of Intelligence and Security Regulations (in force under the Inspector-General of Intelligence and Security Act 1986) as shown in this compilation comprise Statutory Rules 1987 No. 6 amended as indicated in the Tables below.
Table of Statutory Rules
Year and
number | Date of notification
in Gazette | Date of
commencement | Application, saving or
transitional provisions |
1987 No. 6 | 30 Jan 1987 | 1 Feb 1987 (see Gazette 1987, No. S13) | |
1989 No. 239 | 5 Sept 1989 | 5 Sept 1989 | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
R. 3................. | rs. 1989 No. 239 |
Overview
The Inspector-General of Intelligence and Security Regulations (1987) were enacted to provide supplementary detail to the provisions of the Inspector-General of Intelligence and Security Act 1986. This Act was created to establish an independent officer, the Inspector-General of Intelligence and Security, who is responsible for overseeing the activities of the Australian Security Intelligence Organisation and the Australian Secret Intelligence Service. The intent behind the legislation is to ensure that these intelligence agencies operate within the law and in a manner that respects the rights of individuals, thereby addressing the need for oversight and accountability in the intelligence sector. The regulations, amended as of 1989, provide further clarification on matters such as remuneration and allowances for the part-time Inspector-General, ensuring that these details are well defined and legally enforceable. The regulations were made under the authority of the relevant legislature and are intended to support the policy objective of effective oversight and governance within Australia's intelligence community.
Scope and Application
The Inspector-General of Intelligence and Security Regulations, established under the Inspector-General of Intelligence and Security Act 1986, provide detailed provisions concerning the remuneration and allowances for the part-time Inspector-General. These regulations apply specifically to the remuneration and allowances of the Inspector-General when appointed on a part-time basis, setting out the rates at which the Inspector-General must be compensated. Under these regulations, the part-time Inspector-General is entitled to remuneration at a rate of two-fifths of the full-time rate and allowances for travel and expenses of office, also calculated at two-fifths of the full-time rates. These regulations ensure that the Inspector-General is fairly compensated for their duties irrespective of their employment status. The scope of these regulations is limited to the financial compensation aspects of the Inspector-General's role and does not extend to other areas of the Inspector-General's functions or responsibilities. There are no stated exclusions or exemptions within the regulations themselves, although broader legislative or policy considerations may apply.
Key Provisions
The Inspector-General of Intelligence and Security Regulations 1987 (as amended) provide detailed provisions to implement the requirements set out in the Inspector-General of Intelligence and Security Act 1986. Section 2 of the Regulations defines the term "Act" to mean the Inspector-General of Intelligence and Security Act 1986. Section 3 outlines the specific remuneration and allowances for a part-time Inspector-General. According to section 3(a), if the Inspector-General is appointed on a part-time basis, they must receive remuneration at a rate equal to two-fifths of what would be payable for a full-time appointment. Section 3(b) further specifies that the allowances for a part-time Inspector-General include a travelling allowance at the full-time rate and an expenses-of-office allowance at two-fifths of the full-time rate.
The obligations under these Regulations primarily concern the payment of remuneration and allowances to the part-time Inspector-General. The Government is required to ensure that these payments are made in accordance with the stipulated rates. This involves calculating the remuneration and allowances based on the full-time equivalents and then adjusting them to reflect the part-time status of the Inspector-General. These provisions ensure that the part-time Inspector-General is fairly compensated for their duties, maintaining their ability to perform their role effectively without financial disincentives.
The Regulations do not explicitly outline specific offences, penalties, or consequences for non-compliance with the remuneration and allowances provisions. However, breaches of statutory requirements related to the payment of public officials can generally lead to legal consequences under the Public Service Act 1999 or other relevant legislation. Non-compliance might result in civil penalties, legal action to enforce payment, and potential administrative or disciplinary measures against those responsible for the oversight of these payments. The maximum penalties would depend on the specific laws applicable to the breach and the jurisdiction in which the breach occurs.