3Administrative provisions Empowered by ss 117, 166, 170, 200
1Provisions relating to Commissioners of Intelligence Warrants
1Term of office of Commissioners
A person holds office as a Commissioner for a term of 3 years.
A person who holds office as a Commissioner may be reappointed for 1 or more further terms.
A person who holds office as a Commissioner, unless he or she earlier vacates office by reason of death, resignation, or removal, continues to hold office, even if the term for which he or she was appointed has expired, until one of the following occurs:
- the person is reappointed:
- the person’s successor is appointed.
A person who holds office as a Commissioner may at any time resign by written notice to the Governor-General.
A notice of resignation under subclause (4) must state the date on which the resignation takes effect.
Compare
- 1969 No 24 s 5B
2Removal from office
A Commissioner may be removed from office by the Governor-General, on address from the House of Representatives, for—
- incapacity; or
- bankruptcy; or
- neglect of duty; or
- misconduct.
Compare
- 1969 No 24 s 5C
3Remuneration and expenses
A Commissioner must be paid, out of public money and without further appropriation than this clause,—
- a salary at the rate determined by the Remuneration Authority; and
- allowances (if any) determined by the Remuneration Authority; and
- in respect of time spent travelling in the performance of the Commissioner’s functions, travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951.
The rate of salary and the allowances (if any) determined by the Remuneration Authority must be those applicable to an Acting High Court Judge.
The Fees and Travelling Allowances Act 1951 applies as if a Commissioner were a member of a statutory board and the travelling were in the service of a statutory board.
Compare
- 1969 No 24 s 5E
Notes
- Schedule 3 clause 3(1)(c): inserted, on , by section 73(1) of the Statutes Amendment Act 2019 (2019 No 56).
- Schedule 3 clause 3(3): replaced, on , by section 73(2) of the Statutes Amendment Act 2019 (2019 No 56).
4Protection of Commissioners
A Commissioner has all the immunities of a Judge of the High Court.
Compare
- 1969 No 24 s 5D
5Disclosure of interests
A Commissioner must give written notice to the Prime Minister of all interests, pecuniary or otherwise, that the Commissioner has or acquires and that could conflict with the proper performance of his or her functions.
Compare
- 1969 No 24 s 5F
2Provisions relating to Inspector-General and Deputy Inspector-General
6Term of office of Inspector-General and Deputy Inspector-General
A person holds office as the Inspector-General or Deputy Inspector-General for a term (which must not be more than 5 years) that the Governor-General, on the recommendation of the House of Representatives, specifies in the person’s appointment.
A person holding office as the Inspector-General may be reappointed for 1 further term of not more than 3 years.
A person holds office as the Deputy Inspector-General for a term (which must be not more than 3 years) that the Governor-General, on the recommendation of the House of Representatives, specifies in the person’s appointment.
A person holding office as the Deputy Inspector-General may be reappointed for 1 or more further terms.
The person holding office as the Inspector-General or the Deputy Inspector-General, unless he or she earlier vacates office by reason of death, resignation, or removal, continues to hold office, even if the term for which he or she was appointed has expired, until one of the following occurs:
- the person is reappointed:
- the person’s successor is appointed.
The Inspector-General and Deputy Inspector-General may at any time resign by written notice to the Governor-General.
A notice of resignation under subclause (6) must state the date on which the resignation takes effect.
Compare
- 1996 No 47 s 6
7Filling of vacancy
If a vacancy occurs in the office of Inspector-General, the vacancy must be filled by the appointment of a successor in accordance with section 157(2) and (3).
If a vacancy occurs in the office of the Deputy Inspector-General, the vacancy must be filled by the appointment of a successor in accordance with section 164(2) and (3).
Subclause (4) applies if—
- a vacancy specified in subclause (1) or (2) occurs while Parliament is not in session, or exists at the close of a session; and
- the House of Representatives has not recommended an appointment to fill the vacancy.
When this subclause applies, the vacancy may, at any time before the commencement of the next session of Parliament, be filled by the appointment of a successor by the Governor-General in Council.
An appointment made under subclause (4) lapses and the office again becomes vacant unless, before the end of the 24th sitting day of the House of Representatives following the date of the appointment, the House confirms the appointment.
Compare
- 2004 No 38 Schedule 2 cl 2
8Removal or suspension from office
The Inspector-General or Deputy Inspector-General may be removed or suspended from office by the Governor-General, on an address from the House of Representatives, for—
- incapacity; or
- bankruptcy; or
- neglect of duty; or
- misconduct; or
- failure to hold the appropriate security clearance.
If the Inspector-General or Deputy Inspector-General is suspended from office at any time when Parliament is not in session, the suspension does not continue in force beyond 2 months after the beginning of the next ensuing session of Parliament.
Compare
- 1996 No 47 s 7
9Remuneration and expenses
The Inspector-General and Deputy Inspector-General must be paid, out of public money and without further appropriation than this clause,—
- salaries at the rates determined by the Remuneration Authority; and
- allowances (if any) determined by the Remuneration Authority.
The Inspector-General and Deputy Inspector-General are entitled to receive from the funds of the Inspector-General’s office the actual and reasonable costs for travelling and other expenses that relate to the performance of their functions and duties.
Compare
- 1996 No 47 s 8
10Disclosure of interests
The Inspector-General and Deputy Inspector-General must each give written notice to the Prime Minister of all interests, pecuniary or otherwise, that they have or acquire and that could conflict with the proper performance of their functions and duties.
Compare
- 1996 No 47 s 9
11Staff
The Inspector-General may appoint any employees that the Inspector-General considers necessary for the efficient performance and exercise of his or her functions, duties, and powers.
The power conferred by subclause (1) includes the power to appoint employees on a part-time or temporary basis, or for any period that the Inspector-General and an employee agree.
An employee is employed on the terms and conditions, and paid the salary and allowances, that the Inspector-General determines in consultation with the Secretary for Justice.
An employee may not have access to any information in the possession of an intelligence and security agency except in accordance with the rules governing access to such information applying within the agency.
Only a person who holds an appropriate security clearance may be appointed as an employee.
Compare
- 1996 No 47 s 10
12Inspector-General and others protected
The Inspector-General, the Deputy Inspector-General, and any employee of the Inspector-General are not personally liable for any act done or omitted to be done in good faith in the performance or intended performance of the Inspector-General’s functions or duties.
A member of the advisory panel is not personally liable for any act done or omitted to be done in good faith in the performance or intended performance of his or her functions or duties.
Nothing in subclauses (1) and (2) applies in respect of proceedings for—
- an offence against section 219; or
- an offence against section 78, 78AA(1), 78A(1), 105, 105A, or 105B of the Crimes Act 1961; or
- an offence of conspiring to commit an offence against any of those sections of the Crimes Act 1961; or
- an offence of attempting to commit an offence against any of those sections of the Crimes Act 1961.
Compare
- 1996 No 47 s 24(1)(a), (2)
3Provisions relating to advisory panel
13Term of office of members
A person holds office as a member of the advisory panel for a term (which must not be more than 5 years) that the Governor-General, on the recommendation of the Prime Minister, specifies in the person’s appointment.
A member may be reappointed for 1 or more further terms.
A member may at any time resign by written notice to the Prime Minister.
Compare
- 1996 No 47 s 15C(5)(a)–(c)
14Removal from office
A member of the advisory panel may be removed from office by the Prime Minister for—
- incapacity; or
- bankruptcy; or
- neglect of duty; or
- misconduct; or
- failure to hold the appropriate security clearance.
Compare
- 1996 No 47 s 15C(5)(d)
15Remuneration and expenses
A member of the advisory panel is entitled—
- to receive remuneration not provided for within paragraph (b) for services as a member at a rate and of a kind determined by the Minister in accordance with the fees framework; and
- in accordance with the fees framework, to be reimbursed for actual and reasonable travelling and other expenses incurred in carrying out his or her office as a member.
For the purposes of subclause (1), fees framework means the framework determined from time to time by the Government for the classification and remuneration of statutory and other bodies in which the Crown has an interest.
Compare
- 1996 No 47 s 15D
16Procedure of advisory panel
The advisory panel may determine its own procedure.
Compare
- 1996 No 47 s 15F
4Provisions relating to Intelligence and Security Committee
Membership of Committee
17Revocation of member’s nomination
The Leader of the Opposition may at any time revoke his or her nomination of a person as a member of the Committee under section 194(2)(c).
The Prime Minister may at any time revoke his or her nomination of a person as a member of the Committee under section 194(2)(d).
Compare
- 1996 No 46 s 9
18Suspension and cessation of membership
A person’s membership of the Committee is suspended if that member is suspended from the service of the House of Representatives.
A person’s membership of the Committee ceases when one of the following occurs:
- the person’s nomination is revoked under clause 17:
- the person ceases to be a member of the House of Representatives:
- Parliament is dissolved or expires.
A nominated member may at any time resign from the Committee by written notice signed by the member and addressed to the Prime Minister or Leader of the Opposition, as the case may require.
The office of a member of the Committee becomes vacant if—
- the member’s membership ceases under subclause (2)(a) or (b); or
- the member resigns under subclause (3).
Compare
- 1996 No 46 s 10
Procedure for meetings of Committee
19Convener
Meetings of the Committee must be convened by the chairperson of the Committee.
Compare
- 1996 No 46 s 13(1)
20Chairperson presides
The chairperson of the Committee must preside at all meetings of the Committee.
Compare
- 1996 No 46 s 13(2)
21Quorum
The chairperson and 3 other members must be present at a meeting of the Committee.
Compare
- 1996 No 46 s 13(3)
22Conduct of proceedings
The proceedings of the Committee must, subject to this Act, be conducted in accordance with the rules and practice of the House of Representatives.
The Committee must meet in private, unless—
- the Committee is performing its function under section 193(1)(c); or
- the Committee by unanimous resolution resolves otherwise.
The Committee may give directions as to who may be present when the Committee meets in private.
Compare
- 1996 No 46 s 12
23Decisions
Every question arising at any meeting of the Committee is determined by a majority of votes of the members who are present and voting on it.
The chairperson has a deliberative vote and, in the case of an equality of votes, also has a casting vote.
Compare
- 1996 No 46 s 13(4), (5)
24Representation
The Leader of the Opposition may appoint the person who acts as his or her deputy in the House of Representatives to attend a meeting of the Committee in his or her place.
No other member of the Committee may be represented at any meeting by any other person.
Subclause (2) is subject to section 198(3).
Compare
- 1996 No 46 ss 7A(4), 13(6), (6A)
25Officers to assist
The Chief Executive of the Department of the Prime Minister and Cabinet must, with the concurrence of the Committee, appoint any officers that are required to assist the Committee in the conduct of its business.
Only a person who has appropriate security clearance may be appointed to assist the Committee.
Compare
- 1996 No 46 s 13(7), (8)
Administrative provisions
26Committee members and others protected
This clause applies to every member of the Committee and to any person appointed under clause 25(1) to assist the Committee.
A person to whom this clause applies is not personally liable for any act done or omitted to be done in good faith in the performance or intended performance of the Committee’s functions.
A person to whom this clause applies is not required to give evidence in any court, or in any proceedings of a judicial nature, in respect of anything coming to his or her knowledge in the performance of the Committee’s functions.
Nothing in this clause applies in respect of proceedings for an offence against section 219.
Compare
- 1996 No 46 s 15