Commonwealth Consolidated Acts

INSPECTOR-GENERAL OF INTELLIGENCE AND SECURITY ACT 1986 - SECT 3

             (1)  In this Act, unless the contrary intention appears:

"adverse security assessment" has the same meaning as in Part IV of the Australian Security Intelligence Organisation Act 1979 .

"ASIO" means the Australian Security Intelligence Organisation continued in existence by the Australian Security Intelligence Organisation Act 1979 .

"ASIS" means the Australian Secret Intelligence Service.

"Australia" , when used in a geographical sense, includes the external Territories.

"Commonwealth agency" means the following:

                     (a)  a Department of State, or an Agency within the meaning of the Public Service Act 1999 ;

                     (b)  the Australian Defence Force;

                     (c)  an intelligence agency;

                     (d)  a body, whether incorporated or not, established for public purposes by or under a law of the Commonwealth;

                     (e)  the holder of an office established for public purposes by or under a law of the Commonwealth;

                      (f)  a body, whether incorporated or not, declared to be a Commonwealth agency by a legislative instrument made under subsection (4).

"Defence Department" means the Department of State that deals with defence and that is administered by the Minister administering section 1 of the Defence Act 1903 .

"DIGO" means that part of the Defence Department known as the Defence Imagery and Geospatial Organisation, and any part of the Defence Force that performs functions on behalf of that part of the Department.

"discrimination" has the same meaning as in the Australian Human Rights Commission Act 1986 .

"DIO" means that part of the Defence Department known as the Defence Intelligence Organisation.

"DSD" means that part of the Defence Department known as the Defence Signals Directorate, and includes any part of the Defence Force that performs functions on behalf of that part of that Department.

"employee" , in relation to a Commonwealth agency, means a person who is employed, whether in a permanent or temporary capacity, in the agency.

"head" means:

                     (a)  in relation to ASIO--the Director-General of Security; or

                     (b)  in relation to ASIS--the Director-General of ASIS; or

                     (c)  in relation to DIGO--the Director of DIGO; or

                     (d)  in relation to DIO--the Director of DIO; or

                     (e)  in relation to DSD--the Director of DSD; or

                      (f)  in relation to ONA--the Director-General of ONA; or

                     (g)  in relation to any other Commonwealth agency:

                              (i)  in the case of a Department of State--the Secretary of the Department; or

                             (ii)  otherwise--the person holding, or performing the duties of, the principal office in respect of the agency.

"human rights" has the same meaning as in the Australian Human Rights Commission Act 1986 .

"Inspector-General" means the Inspector-General of Intelligence and Security.

"intelligence agency" means ASIO, ASIS, DIGO, DIO, DSD or ONA.

"Judge" means:

                     (a)  a Judge of a court created by the Parliament or of a court of a State or of the Northern Territory; or

                     (b)  a person who has the same designation and status as a Judge of a court created by the Parliament.

"member" , in relation to a Commonwealth agency, means:

                     (a)  an employee of the agency; or

                     (b)  a person who is authorised to perform any of the functions of the agency on behalf of the agency.

"Ombudsman" means the Commonwealth Ombudsman.

"ONA" means the Office of National Assessments established by the Office of National Assessments Act 1977 .

"permanent resident" means a person, other than an Australian citizen:

                     (a)  whose normal place of residence is situated in Australia;

                     (b)  whose presence in Australia is not subject to any limitation as to time imposed by law; and

                     (c)  who is not an illegal entrant within the meaning of the Migration Act 1958 .

"qualified security assessment" has the same meaning as in Part IV of the Australian Security Intelligence Organisation Act 1979 .

"responsible Minister" , in relation to a Commonwealth agency, means:

                     (a)  in the case of an agency established or continued in existence by an Act--the Minister administering that Act; or

                     (b)  in any other case--the Minister having general responsibility for the activities of the agency.

"security" has the same meaning as in the Australian Security Intelligence Organisation Act 1979 .

             (2)  In this Act, unless the contrary intention appears, a reference to the taking of action includes a reference to:

                     (a)  the making of a decision or recommendation; and

                     (b)  the failure or refusal to take any action or to make a decision or recommendation.

             (3)  For the purposes of this Act, action that is taken by a member of a Commonwealth agency is deemed to be taken by the agency if the member takes the action in his or her capacity as a member of the agency, whether or not:

                     (a)  the action is taken for or in connection with, or is incidental to, the performance of the functions of the agency; or

                     (b)  the taking of the action is within the duties of the member.

             (4)  The Minister may, by legislative instrument, declare a body to be a Commonwealth agency for the purposes of paragraph (f) of the definition of that expression in subsection (1).