Intelligence Services Amendment (Establishment of the Australian Signals Directorate) Act 2018 (25 of 2018)
Schedule 1 Amendments
Part 1 Main amendments
Intelligence Services Act 2001
27 After Part 3
Insert:
Part 3A - Establishment of ASD and role of Director-General of ASD
Division 1 - Establishment and control of ASD
27A Establishment of ASD on a statutory basis
(1) The organisation known as the Australian Signals Directorate is continued in existence in accordance with this Act.
Note: The Australian Signals Directorate provides assistance to the Defence Force in support of military operations and cooperates with the Defence Force on intelligence matters: see paragraph 7(1)(d).
(2) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):
(a) ASDis a listed entity; and
(b) the Director-General of ASDis the accountable authority of ASD; and
(c) the following persons are officials of ASD:
(i) the Director-General of ASD;
(ii) the staff referred to in section 38A;
(iii) consultants engaged under section 38B;
(iv) employees of contracted service providers engaged under section 38C who are providing services under the relevant ASD contract;
(v) persons whose services are made available to ASD under section 38E; and
(d) the purposes of ASD include the functions of ASDreferred to in section 7.
27B Appointment of Director-General of ASD
(1) There is to be a Director-General of ASD.
(2) The Director-General of ASD is to be appointed by the Governor-General by written instrument.
Note: The Director-General of ASD may be reappointed: see section 33AA of the Acts Interpretation Act 1901.
(3) Before a recommendation is made to the Governor-General for the appointment of a person as Director-General of ASD, the Prime Minister must consult with the Leader of the Opposition in the House of Representatives.
27C Control of ASD
(1) ASD, and the staff referred to in subsection 38A(1), are under the control of the Director-General of ASD.
(2) The Director-General of ASD, under the Minister, is responsible for managing ASD and must advise the Minister in matters relating to ASD.
27D Briefing the Leader of the Opposition about ASD
The Director-General of ASD must consult regularly with the Leader of the Opposition in the House of Representatives for the purpose of keeping him or her informed on matters relating to ASD.
Division 2 - Administrative provisions relating to the Director-General of ASD
27E Basis and period of appointment
(1) The Director-General of ASD holds office on a full-time basis.
(2) The Director-General of ASD holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.
27F Remuneration
(1) The Director-General of ASD is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Director-General is to be paid the remuneration that is prescribed by the regulations.
(2) The Director-General of ASD is to be paid the allowances that are prescribed by the regulations.
(3) This section has effect subject to the Remuneration Tribunal Act 1973.
27G Resignation
(1) The Director-General of ASD may resign his or her appointment by giving the Governor-General a written resignation.
(2) The resignation takes effect on the day it is received by the Governor-General or, if a later day is specified in the resignation, on that later day.
27H Termination of appointment
(1) The Governor-General may terminate the appointment of the Director-General of ASD:
(a) for misbehaviour; or
(b) if the Director-General is unable to perform the duties of his or her office because of physical or mental incapacity.
(2) The Governor-General must terminate the appointment of the Director-General of ASD if:
(a) the Director-General:
(i) becomes bankrupt; or
(ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(iii) compounds with his or her creditors; or
(iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or
(b) the Director-General is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or
(c) the Director-General engages in paid work that, in the Minister's opinion, conflicts or may conflict with the proper performance of the Director-General's duties (see section 27L); or
(d) the Director-General lacks, or has lost, an essential qualification for performing the duties of his or her office.
Note: The appointment of the Director-General of ASD may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).
(3) The Governor-General may, with the Director-General of ASD's consent, retire the Director-General from office on the ground of incapacity if the Director-General is:
(a) an eligible employee for the purposes of the Superannuation Act 1976; or
(b) a member of the superannuation scheme established by deed under the Superannuation Act 1990; or
(c) an ordinary employer-sponsored member of PSSAP, within the meaning of the Superannuation Act 2005.
27J Acting appointments
Appointment generally
(1) The Minister may, by written instrument, appoint a person to act as the Director-General of ASD:
(a) during a vacancy in the office of the Director-General (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when the Director-General:
(i) is absent from duty or from Australia; or
(ii) is, for any reason, unable to perform the duties of the office.
Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.
Appointment while under command
(2) If:
(a) a person is appointed to act as the Director-General of ASD under subsection (1); and
(b) the person is under the command of the Chief of the Defence Force under the Defence Act 1903;
then, the person must perform the duties of the office of the Director-General consistently with this Act during the period of the appointment, even though the person is under the command of the Chief of the Defence Force.
27K Leave of absence
(1) A Director-General of ASD has the recreation leave entitlements that are determined by the Remuneration Tribunal.
(2) The Minister may grant the Director-General of ASD leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.
27L Outside employment
The Director-General of ASD must not engage in paid work that, in the Minister's opinion, conflicts or may conflict with the proper performance of the Director-General's duties.
27M Other terms and conditions
The Director-General of ASD holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.
27N Delegation by Director-General of ASD
(1) The Director-General of ASD may, in writing, delegate all or any of his or her functions or powers under Part 5A to a staff member who holds, or is acting in, a position that is an Executive Level 1 position, or an equivalent or higher position, in ASD.
(2) In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the Director-General of ASD.