Revised Explanatory Memorandum
(Circulated by authority of the Prime Minister, the Honourable Scott Morrison MP)GENERAL OUTLINE
1. The Office of National Intelligence (Consequential and Transitional Provisions) Bill 2018 amends 19 Acts to reflect the proposed operation of the Office of National Intelligence Bill 2018 (the ONI Bill) which establishes the new Office of National Intelligence (ONI), announced by the Prime Minister in July 2017.
2. The ONI Bill implements a key recommendation of the 2017 Independent Intelligence Review (IIR) to enhance coordination and strategic integration across the intelligence community by establishing the new ONI.
3. ONI's functions will include:
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- Leading the national intelligence community;
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- Carrying out evaluations;
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- Assessing, correlating and analysing international and domestic matters of political, strategic or economic significance to Australia;
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- Advising the Prime Minister of intelligence matters; and
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- Open source collection.
4. Schedule 1 of this Bill repeals the whole of the Office of National Assessments Act 1977.
5. Schedule 2 of this Bill amends 18 Acts, in large part to simply reflect the new arrangements by replacing references to the Office of National Assessments (ONA) or the Director-General of ONA with references to ONI or the Director-General of National Intelligence.
6. Other more substantive amendments in this schedule include:
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- Amendments to the Acts Interpretation Act 1901 to enable ONI, the Australian Signals Directorate (ASD) and the Australian Security Intelligence Organisation (ASIO) to seek an extension of time when publishing annual reports.
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- Amendments to the Australian Border Force Act 2015 and the Australian Crime Commission Act 2002 to remove potential restrictions on the Australian Border Force and the Australian Criminal Intelligence Commission's (ACIC) ability to share information with ONI.
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- Amendments to the Australian Security Intelligence Organisation Act 1979 and the Intelligence Services Act 2001 to enable ASIO, ASIS, AGO and ASD to cooperate with and assist ONI in the performance of ONI's functions.
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- Amendments to the Crimes Act 1914 to enable ONI to access the assumed identities regime set out in part IAC of the Act.
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- Amendments to the Inspector-General of Intelligence and Security Act 1986 to require the Inspector-General of Intelligence and Security (IGIS) to report on ONI's compliance with its privacy guidelines, require ONI to give a copy of directions from the Prime Minister and ONI's annual report to the IGIS and enable the IGIS to consider ONI's compliance with the Prime Minister's directions.
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- Amendments to the Intelligence Services Act 2001 to amend the remit of the Parliamentary Joint Committee on Intelligence and Security in relation to ONI and to remove secrecy provisions relating to ONI so that they can be placed in the ONI Bill.
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- Amendments to the Privacy Act 1988 to exempt the Department of Defence, Home Affairs, the Australian Federal Police (AFP) and AUSTRAC from the operation of that Act when communicating information to ONI.
7. Schedule 3 of this Bill includes further amendments to the Criminal Code Act 1995, which are contingent on the commencement of the National Security Legislation Amendment (Espionage and Foreign Interference) Act 2018.
8. Schedule 4 of this Bill covers transitional rules and arrangements, including the continued appointment of the Director-General of ONA as the Director-General of National Intelligence and the saving of things done by or in relation to ONA or the Director-General of ONA.