Australian Security Intelligence Organisation Amendment Act 2023 (33 of 2023)

Schedule 1   Amendments

Part 1   Main amendments

Division 1   Amendments to the Australian Security Intelligence Organisation Act 1979

Australian Security Intelligence Organisation Act 1979

4   After subsection 16(1A)

Insert:

(1B) Subject to subsection (1C), the Director-General may, by writing, delegate any or all of the Director-General's powers and functions under subsection 82D(1) to a person who is an ASIO employee or an ASIO affiliate.

Note: Subsection 82D(1) provides that the Director-General may, on behalf of the Organisation, exercise the powers or perform the functions of the Organisation under Part IVA.

(1C) The Director-General may delegate the power or function under subsection 82D(1) to:

(a) make a security clearance decision under paragraph 82C(1)(b); or

(b) furnish a security clearance suitability assessment under paragraph 82C(1)(d);

only to an ASIO employee, or an ASIO affiliate, who holds, or is acting in, a position in the Organisation that is equivalent to or higher than an Executive Level 1 position.