Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014 (62 of 2014)

Schedule 7   Amendments of Acts starting with A

Australian Security Intelligence Organisation Act 1979

439   Section 94

Repeal the section, substitute:

94 Annual report

(1) The annual report prepared by the Director-General and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include a statement of:

(a) the total number of requests made under Division 3 of Part III to issuing authorities during the period for the issue of warrants under that Division; and

(b) the total number of warrants issued during the period under that Division; and

(c) the total number of warrants issued during the period under section 34E; and

(d) the number of hours each person appeared before a prescribed authority for questioning under a warrant issued during the period under section 34E and the total of all those hours for all those persons; and

(e) the total number of warrants issued during the period under section 34G; and

(f) the following numbers:

(i) the number of hours each person appeared before a prescribed authority for questioning under a warrant issued during the period under section 34G;

(ii) the number of hours each person spent in detention under such a warrant;

(iii) the total of all those hours for all those persons; and

(g) the number of times each prescribed authority had persons appear for questioning before him or her under warrants issued during the period.

(2) A statement included under subsection (1) in a report must not name, or otherwise specifically identify, any person to whom information provided in the report relates.

(3) A copy of the report must be given to the Leader of the Opposition in the House of Representatives, but it is the duty of the Leader of the Opposition to treat as secret any part of the report that is not tabled in a House of the Parliament.

(4) Subject to subsection (5), the Minister must cause a copy of the report to be laid before each House of the Parliament within 20 sitting days of that House after the report is received by the Minister.

(5) For the purposes of subsection (4), the Minister may make such deletions from the report as the Minister, after obtaining advice from the Director-General, considers necessary in order to avoid prejudice to security, the defence of the Commonwealth, the conduct of the Commonwealth’s international affairs or the privacy of individuals.

(6) The Minister must not delete from a report a statement described in subsection (1).