Commonwealth Consolidated Acts

AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979 - SECT 16

  (1)   The Director - General may, by signed writing, delegate to a person any of the Director - General's powers, functions or duties under or for the purposes of this Act that relate to:

  (a)   the management of ASIO employees or ASIO affiliates; or

  (b)   the financial management of the Organisation.

Note:   For further provisions relating to delegations, see sections   34AA, 34AB and 34A of the Acts Interpretation Act 1901 .

  (1A)   The Director - General may, by writing, delegate any or all of the Director - General's functions or powers under section   21A to a senior position - holder.

  (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.

  (2)   In exercising powers, performing functions or discharging duties under a delegation, the delegate must comply with any written direction given by the Director - General to the delegate.