Employment Point-in-Time Service Updates

Tuesday 3 July 2018 @ 10.34 a.m.

The Employment Point-in-Time Service has been updated to include the amendments from the Home Affairs and Integrity Agencies Legislation Amendment Act 2018 (Cth) (Act No 31 of 2018).

Act 31 of 2018

The Act will give effect to the allocation of certain ministerial powers following the establishment of a new Home Affairs portfolio, and related changes strengthening the Attorney-General’s oversight of intelligence, security and law enforcement agencies. 

The Act will:

  • ensure intelligence agency officials can continue to disclose AUSTRAC information to the Attorney-General (in addition to the Minister responsible for the Australian Security Intelligence Organisation (ASIO)) in support of his or her functions under the Australian Security Intelligence Organisation Act 1979 (ASIO Act) and the Telecommunications (Interception and Access) Act 1979 (TIA Act), or in connection with security (Schedule 1, items 1 to 3);
  • clarify that responsibilities under the INSLM Act transfer to the Minister administering the Act, and enable the Prime Minister (in addition to that Minister) to continue to refer matters relating to counter-terrorism or national security to the Independent National Security Legislation Monitor (Monitor) and receive relevant reports (Schedule 1, items 4 to 27);
  • clarify that responsibilities under the IGIS Act transfer to the Minister administering the Act, and enable that Minister (in addition to the Minister responsible for an intelligence agency) to request the Inspector-General to inquire into a matter and receive relevant reports (Schedule 1, items 28 to 34);
  • enable the Prime Minister (in addition to the Minister administering the IGIS Act) to continue to direct the Inspector-General to inquire into a matter relating to an intelligence agency, or direct the Inspector-General to inquire into an intelligence or security matter relating to a Commonwealth agency, and receive relevant reports (Schedule 1, items 35 to 61);
  • clarify that responsibility for giving agreement to security-related Ministerial authorisations under the IS Act will remain with the Attorney-General (Schedule 1, items 62 to 67, 69 to 73);
  • add the Minister responsible for the ASIO Act to the list of ministers who can give an oral authorisation in an emergency situation under the IS Act (Schedule 1, item 68);
  • clarify that the relevant intelligence agency head must notify the Attorney-General and the Minister responsible for the ASIO Act when an emergency authorisation has been given in certain circumstances under the IS Act (Schedule 1, items 74 and 75);
  • include a requirement for consultation with the Attorney-General before the making of guidelines governing ASIS-ASIO cooperation under the IS Act (Schedule 1, item 76); and
  • enable the Attorney-General (in addition to the Ministers responsible for intelligence agencies) to refer a matter to the Parliamentary Joint Committee on Intelligence and Security (Schedule 1, items 77 to 79).

The Act also makes changes to Ministerial and Departmental functions and powers clear on the face of 32 further Acts, which are directly affected by the Machinery of Government changes to establish the Home Affairs portfolio and related changes strengthening the Attorney-General’s oversight of intelligence, security and law enforcement agencies.

The amendments made by these Acts been updated in the Point-in-Time Employment Service current to 3 July 2018. (Note: Subscription required).

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