Revised Explanatory Memorandum
(Circulated by authority of the Minister for Foreign Affairs, the Honourable Alexander Downer MP)Schedule 2 - Inspector-General of Intelligence and Security Act 1986
Item 1 proposes that subsection 17(9) of the Inspector-General of Intelligence and Security Act 1986 be amended to recognise that the Inspector-General needs to complete an inquiry before deciding whether the resultant report should contain criticism of an agency. It retains the right of ministers to be consulted before reports are finalised.
Item 2 proposes that subsection 19(2) of the Inspector-General of Intelligence and Security Act 1986 be repealed. This amendment will provide the Inspector-General with a right of access to specific prohibited places and restricted areas, without first seeking approval from the responsible Minister. This is to establish consistency with section 9A of the Inspector-General of Intelligence and Security Act 1986 , which sets out the inspection functions of the Inspector-General.
Item 3 proposes extending the Inspector-General's maximum term of office from three to five years. This amendment would place the term of the Inspector-General on a par with most other statutory appointments. The amendment will not preclude appointments shorter than five years.
Item 4 requires the Inspector-General to report on the extent to which ASIS and the Defence Signals Directorate (DSD) comply with rules made under Clause 15 of the Intelligence Services Bill. This amendment enhances accountability by removing the discretion of the Inspector-General to report or not report such matters.