AUSTRALIAN SECURITY INTELLIGENCE ORGANIZATION ACT 1976

No. 2 of 1976

An Act to amend the Australian Security Intelligence Organization Act 1956-1973 in relation to the office of Director-General of Security, and with respect to certain formal matters.

BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1. (1) This Act may be cited as the Australian Security Intelligence Organization Act 1976.

(2) The Australian Security Intelligence Organization Act 1956-1973 is in this Act referred to as the Principal Act.

(3) The Principal Act, as amended by this Act, may be cited as the Australian Security Intelligence Organization Act 1956-1976.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Definitions.

3. Section 2 of the Principal Act is amended by inserting after the definition of “employee'' the following definition:—

“‘Judge’ means a Judge of a court created by the Parliament;

4. After section 6 of the Principal Act the following sections are inserted:—

Appointment of a Judge as Director-General not to affect tenure, &c.

“6a. The appointment of a Judge as Director-General, or service of a Judge as Director-General, does not affect the tenure of his office as a Judge or his rank, title, status, precedence, salary, annual or other allowances or other rights or privileges as the holder of his office as a Judge and, for all purposes, his service as Director-General shall be taken to be service as the holder of his office as a Judge.

Remuneration and allowances of Director-General.

“6b. (1) If the Director-General is not a Judge, he shall be paid such remuneration as is determined by the Remuneration Tribunal and such allowances as are prescribed.

“(2) Sub-section (1) has effect subject to the Remuneration Tribunals Act 1973-1975.

“(3) If the Director-General is a Judge, other than Chief Judge of the Australian Industrial Court, and the rate per annum of his salary as a Judge is less than the rate per annum of the salary applicable to the Chief Judge of the Australian Industrial Court, he shall be paid additional sal­ary at a rate equal to the difference between the rates of those salaries, and, if the rate per annum of his annual allowance as a Judge is less than the rate per annum of the annual allowance applicable to the Chief Judge of the Australian Industrial Court, he shall be paid additional annual allowance at a rate equal to the difference between the rates of those annual allowances.

“(4) Where a Judge, not being the Chief Judge of the Australian Industrial Court, retires as a Judge or dies and, immediately before his retirement or death, he held office as Director-General, the Judges’ Pensions Act 1968-1974 applies to or in relation to him as if he had been Chief Judge of the Australian Industrial Court immediately before his retirement or death.”.

5. After section 15 of the Principal Act the following section is added:—

Regulations.

“16. The Governor-General may make regulations, not inconsistent with this Act, for the purposes of section 6b of this Act.”.

Formal amendments.

6. The Principal Act is amended as set out in the Schedule.

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SCHEDULE Section 6

FORMAL AMENDMENTS

1. The following provisions of the Principal Act are amended by omitting any number expressed in words that is used to identify a section of that Act or of another Act and substituting that number expressed in figures:—

Sections 2 (definitions of “employee’ or ‘employee of the Organization’” and “‘officer or’ officer of the Organization’”), 7(2)(b), 11 and 13.

2. The following provisions of the Principal Act are amended by omitting the words “of this Act” (wherever occurring):—

Sections 2 (definitions of “‘employee’ or ‘employee of the Organization’” and “‘officer’ or ‘officer of the Organization’”) and 7(2)(b).

3. The following provisions of the Principal Act are amended by omitting the word “Solicitor-General” (wherever occurring) and substituting the words “Secretary to the Attorney-General’s Department”:—

Sections 8 and 9.

4. The Principal Act is further amended as set out in the following table: —