Commonwealth: Home Affairs and Integrity Agencies Legislation Amendment Act 2018 (Cth)

Home Affairs and Integrity Agencies Legislation Amendment Act 2018 No. 31, 2018 An Act to deal with consequential matters arising from the establishment of the Home Affairs portfolio, and for related purposes Contents 1 Short title 2 Commencement 3 Schedules Schedule 1—Amendments Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006 Independent National Security Legislation Monitor Act 2010 Inspector‑General of Intelligence and Security Act 1986 Intelligence Services Act 2001 Schedule 2—Other amendments Part 1—Amendments commencing on Proclamation Administrative Appeals Tribunal Act 1975 Administrative Decisions (Judicial Review) Act 1977 A New Tax System (Family Assistance) Act 1999 Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006 AusCheck Act 2007 Australian Citizenship Act 2007 Australian Crime Commission Act 2002 Australian Federal Police Act 1979 Australian Security Intelligence Organisation Act 1979 Aviation Transport Security Act 2004 Crimes Act 1914 Crimes (Aviation) Act 1991 Crimes (Biological Weapons) Act 1976 Crimes (Currency) Act 1981 Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990 Criminal Code Act 1995 Criminology Research Act 1971 Customs Act 1901 Maritime Transport and Offshore Facilities Security Act 2003 Migration Act 1958 Offshore Petroleum and Greenhouse Gas Storage Act 2006 Ombudsman Act 1976 Paid Parental Leave Act 2010 Proceeds of Crime Act 1987 Proceeds of Crime Act 2002 Public Order (Protection of Persons and Property) Act 1971 Service and Execution of Process Act 1992 Social Security Act 1991 Surveillance Devices Act 2004 Telecommunications Act 1997 Telecommunications (Interception and Access) Act 1979 Terrorism Insurance Act 2003 Part 2—Amendments contingent on the Crimes Legislation Amendment (International Crime Cooperation and Other Measures) Act 2018 Telecommunications (Interception and Access) Act 1979 Part 3—Amendments contingent on the Crimes Legislation Amendment (Sexual Crimes Against Children and Community Protection Measures) Act 2018 Crimes Act 1914 Part 4—Amendments contingent on the Telecommunications and Other Legislation Amendment Act 2017 Telecommunications Act 1997 Telecommunications and Other Legislation Amendment Act 2017 Part 5—Transitional rules Home Affairs and Integrity Agencies Legislation Amendment Act 2018 No. 31, 2018 An Act to deal with consequential matters arising from the establishment of the Home Affairs portfolio, and for related purposes [Assented to 9 May 2018] The Parliament of Australia enacts: 1 Short title This Act is the Home Affairs and Integrity Agencies Legislation Amendment Act 2018. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 9 May 2018 2. Schedule 1 A single day to be fixed by Proclamation. 11 May 2018 However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. (F2018N00038) 3. Schedule 2, Part 1 At the same time as the provisions covered by table item 2. 11 May 2018 4. Schedule 2, Part 2 The later of: 22 November 2018 (a) the commencement of the provisions covered by table item 2; and (paragraph (b) applies) (b) immediately after the commencement of Schedule 1 to the Crimes Legislation Amendment (International Crime Cooperation and Other Measures) Act 2018. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. 5. Schedule 2, Part 3 The later of: Never commenced (a) the commencement of the provisions covered by table item 2; and (b) immediately after the commencement of item 4 of Schedule 13 to the Crimes Legislation Amendment (Sexual Crimes Against Children and Community Protection Measures) Act 2018. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. 6. Schedule 2, Part 4 The later of: 18 September 2018 (a) the commencement of the provisions covered by table item 2; and (paragraph (b) applies) (b) immediately after the commencement of Schedule 1 to the Telecommunications and Other Legislation Amendment Act 2017. 7. Schedule 2, Part 5 At the same time as the provisions covered by table item 2. 11 May 2018 Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 3 Schedules Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. Schedule 1—Amendments Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006 1 After paragraph 128(13)(c) Insert: (ca) an ASIO official may disclose AUSTRAC information to the Attorney‑General if the disclosure is for the purposes of, or in connection with: (i) the performance of the Attorney‑General's functions under an Act mentioned in paragraph (b) or (c); or (ii) security (within the meaning of the Australian Security Intelligence Organisation Act 1979); 2 After paragraph 128(13B)(c) Insert: (ca) an official of a defence intelligence agency may disclose AUSTRAC information to the Attorney‑General if the disclosure is for the purposes of, or in connection with, the performance of the Attorney‑General's functions under the Telecommunications (Interception and Access) Act 1979; 3 After paragraph 128(13C)(b) Insert: (ba) an official of ONA may disclose AUSTRAC information to the Attorney‑General if the disclosure is for the purposes of, or in connection with, the performance of the Attorney‑General's functions under the Telecommunications (Interception and Access) Act 1979; Independent National Security Legislation Monitor Act 2010 4 Paragraph 6(1)(c) Omit "the Prime Minister", substitute "a Minister under section 7". 5 Section 7 Repeal the section, substitute: 7 References to the Independent National Security Legislation Monitor by the Prime Minister or the Attorney‑General (1) The Prime Minister or the Attorney‑General may refer a matter relating to counter‑terrorism or national security to the Independent National Security Legislation Monitor, either at the Monitor's suggestion or on his or her own initiative. (2) A Minister who refers a matter under subsection (1) may alter the terms of the reference. (3) The Prime Minister may give the Independent National Security Legislation Monitor directions about the order in which he or she is to deal with references. 6 Subsection 11(2) Repeal the subsection, substitute: (2) Before a recommendation is made to the Governor‑General for the appointment of a person as the Independent National Security Legislation Monitor, the Prime Minister must consult with the Leader of the Opposition in the House of Representatives. Note: This item re‑enacts the existing provision to re‑insert the reference to the Prime Minister: see item 3 of the table in subsection 19(1) of the Acts Interpretation Act 1901. 7 Section 14 Omit "Prime Minister", substitute "Attorney‑General". 8 Saving provision—leave of absence A grant of leave, made before the commencement of this item under section 14 of the Independent National Security Legislation Monitor Act 2010 for a period that ends after that commencement, continues in effect on and after that commencement as if made under that section as amended by this Schedule. 9 Section 15 Omit "Prime Minister's", substitute "Attorney‑General's". 10 Saving provision—consent to paid employment A consent to engage in paid employment, that is in effect for the purposes of section 15 of the Independent National Security Legislation Monitor Act 2010 immediately before the commencement of this item, continues in effect on and after that commencement as if given for the purposes of that section as amended by this Schedule. 11 Section 16 (heading) Repeal the heading, substitute: 16 Disclosure of interests to the Attorney‑General 12 Section 16 Omit "Prime Minister", substitute "Attorney‑General". 13 Transitional provision—disclosure of interests If the Independent National Security Legislation Monitor gave notice of an interest in accordance with section 16 of the Independent National Security Legislation Monitor Act 2010 before the commencement of this item, the Monitor must also give notice of the interest to the Attorney‑General as soon as practicable after that commencement. 14 Paragraph 19(2)(c) Omit "Prime Minister's", substitute "Attorney‑General's". 15 Section 20 Omit "Prime Minister", substitute "Attorney‑General". 16 Saving provision—acting appointments An appointment of a person to act as the Independent National Security Legislation Monitor, that is in effect under section 20 of the Independent National Security Legislation Monitor Act 2010 immediately before the commencement of this item, continues in effect on and after that commencement as if made in accordance with that section as amended by this Schedule. 17 Subsections 29(1), (2), (2A), (5) and (8) Omit "Prime Minister", substitute "Attorney‑General". 18 Section 30 (heading) Repeal the heading, substitute: 30 Report on a reference by the Prime Minister or the Attorney‑General 19 Subsection 30(1) Repeal the subsection, substitute: Giving reports to referring Minister (1) The Independent National Security Legislation Monitor must report on a reference made under section 7 to the Minister who made the reference (the referring Minister). 20 Subsection 30(2) Omit "Prime Minister", substitute "referring Minister". 21 Subsection 30(3) Omit "Prime Minister" (wherever occurring), substitute "referring Minister". 22 After subsection 30(3) Insert: Giving copies of reports to non‑referring Minister (3A) The Independent National Security Legislation Monitor may, if he or she considers it appropriate to do so, give a copy of a report under subsection (1), (2) or (3) to the Minister mentioned in section 7 who did not make the reference. Declassified reports 23 Subsection 30(4) Omit "Prime Minister" (wherever occurring), substitute "referring Minister". 24 Before subsection 30(6) Insert: Presenting copies of reports to the Parliament 25 Subsection 30(6) Omit "Prime Minister", substitute "referring Minister". 26 Paragraph 30(6)(a) Repeal the paragraph, substitute: (a) a report given to the referring Minister under subsection (1) or (3); or 27 Application of amendments The Independent National Security Legislation Monitor Act 2010, as amended by this Act, applies in relation to a reference made under section 7 of that Act: (a) on or after the commencement of this item; or (b) before that commencement, if the report on the reference was not given to the Prime Minister before that commencement. Inspector‑General of Intelligence and Security Act 1986 27A Subsection 3(4) Omit "Minister", substitute "Attorney‑General". 27B Saving provision—declared Commonwealth agencies A declaration of a body as a Commonwealth agency, that is in effect under subsection 3(4) of the Inspector‑General of Intelligence and Security Act 1986 immediately before the commencement of this item, continues in effect on and after that commencement as if made under that subsection as amended by this Schedule. 28 Paragraph 4(c) Omit "Attorney‑General", substitute "responsible Minister for ASIO". 29 Subsection 6(3) Repeal the subsection, substitute: (3) Before a recommendation is made to the Governor‑General for the appointment of a person as Inspector‑General, the Prime Minister must consult with the Leader of the Opposition in the House of Representatives. Note: This item re‑enacts the existing provision to re‑insert the reference to the Prime Minister: see item 3 of the table in subsection 19(1) of the Acts Interpretation Act 1901. 30 Subsection 6A(1) Omit "Prime Minister", substitute "Attorney‑General". 31 Subsection 6A(1) (note) Omit "section", substitute "sections 33AB and". 32 Subsection 6A(2) Repeal the subsection, substitute: (2) Before the Attorney‑General appoints a person to act as the Inspector‑General, the Prime Minister must consult with the Leader of the Opposition in the House of Representatives about the appointment. 33 Saving provision—acting appointments An appointment of a person to act as the Inspector‑General, that is in effect under section 6A of the Inspector‑General of Intelligence and Security Act 1986 immediately before the commencement of this item, continues in effect on and after that commencement as if made in accordance with that section as amended by this Schedule. 34 Subsections 8(1), (2) and (3) After "request of" (wherever occurring), insert "the Attorney‑General or". 35 Subsection 9(1) (not including the heading) Repeal the subsection, substitute: (1) The Prime Minister may request the Inspector‑General to inquire into a matter relating to an intelligence agency. Note: This item re‑enacts the existing provision to re‑insert the reference to the Prime Minister: see item 3 of the table in subsection 19(1) of the Acts Interpretation Act 1901. 35A Subsection 9(3) (not including the heading) Repeal the subsection, substitute: (3) The Prime Minister may request the Inspector‑General to inquire into an intelligence or security matter relating to a Commonwealth agency. Note: This item re‑enacts the existing provision to re‑insert the reference to the Prime Minister: see item 3 of the table in subsection 19(1) of the Acts Interpretation Act 1901. 35B Saving provision—inquiries requested by Prime Minister The amendments of section 9 of the Inspector‑General of Intelligence and Security Act 1986 made by this Schedule do not affect an inquiry started before the commencement of this item. 36 Subparagraph 9AA(a)(i) Omit "section 9—the Prime Minister", substitute "section 8 by the Attorney‑General or section 9 by the Prime Minister—the Minister who made the request". 37 Application of amendment The amendment of subparagraph 9AA(a)(i) of the Inspector‑General of Intelligence and Security Act 1986 made by this Schedule applies in relation to an inquiry started on or after the commencement of this item. 38 Subsection 17(8) After "Prime Minister", insert "or the Attorney‑General (or both)". 39 Application of amendment Subsection 17(8) of the Inspector‑General of Intelligence and Security Act 1986, as in force on and after the commencement of this item, applies in relation to an inquiry whether started before, on or after that commencement. 40 Subsections 22(4A) and (5) Repeal the subsections, substitute: (5) The Inspector‑General must give a copy of the final agency copy or version given to the responsible Minister under subsection (4) to the following: (a) if the inquiry was conducted as a result of a request under section 8 by the Attorney‑General or section 9 by the Prime Minister—the Minister who made the request; (b) in any case—the Prime Minister or the Attorney‑General, if the relevant Minister requests it. (6) In addition, the Inspector‑General may give the Prime Minister or the Attorney‑General a copy of the final agency copy or version given to the responsible Minister under subsection (4) if the Inspector‑General considers it appropriate to do so. 41 Application of amendment Subsections 22(5) and (6) of the Inspector‑General of Intelligence and Security Act 1986, as in force on and after the commencement of this item, apply in relation to a copy or version of a final agency copy that is given to the responsible Minister under subsection 22(4) of that Act on or after that commencement, even if the inquiry was started before that commencement. 42 Section 24 (heading) Repeal the heading, substitute: 24 Action as a result of reports—general 43 Subsection 24(2) Omit all the words after "appropriate", substitute: in the circumstances: (a) the Inspector‑General may discuss the matter with the responsible Minister and prepare a report relating to that matter; and (b) if the Inspector‑General prepares such a report, he or she must give a copy of the report to: (i) if the inquiry was conducted as a result of a request made by the Prime Minister under section 9—the Prime Minister; and (ii) in any case—the Attorney‑General. 44 At the end of section 24 Add: (3) In addition, the Inspector‑General may give a copy of a report prepared under paragraph (2)(a) to the Prime Minister if the Inspector‑General considers it appropriate to do so. 45 Application of amendments Subsections 24(2) and (3) of the Inspector‑General of Intelligence and Security Act 1986, as in force on and after the commencement of this item, apply in relation to a report prepared under paragraph 24(2)(a) of that Act on or after commencement, even if it relates to an inquiry started before that commencement. 46 Section 24A (heading) Repeal the heading, substitute: 24A Action as a result of certain reports relating to heads of Commonwealth agencies 47 Paragraph 24A(3)(b) Repeal the paragraph, substitute: (b) if the Inspector‑General prepares such a report, he or she must give a copy of the report to: (i) if the inquiry was conducted as a result of a request made by the Prime Minister under section 9—the Prime Minister; and (ii) in any case—the Attorney‑General. 48 At the end of section 24A Add: (4) In addition, the Inspector‑General may give a copy of a report prepared under paragraph (3)(a) to the Prime Minister if the Inspector‑General considers it appropriate to do so. 49 Application of amendments Subsections 24A(3) and (4) of the Inspector‑General of Intelligence and Security Act 1986, as in force on and after the commencement of this item, apply in relation to a report prepared under paragraph 24A(3)(a) of that Act on or after commencement, even if it relates to an inquiry started before that commencement. 50 Section 25 Omit "Where", substitute "(1) If". 51 Section 25 Omit "Prime Minister", substitute "Attorney‑General". 52 At the end of section 25 Add: (2) In addition, the Inspector‑General may give a copy of the report to the Prime Minister if the Inspector‑General considers it appropriate to do so. 53 Application of amendments Section 25 of the Inspector‑General of Intelligence and Security Act 1986, as in force on and after the commencement of this item, applies if a copy of a report in relation to an inquiry is given to the responsible Minister on or after that commencement, even if the inquiry started before that commencement. 54 Subsection 28(2) Repeal the subsection, substitute: (2) The Attorney‑General may grant to a person appointed as Inspector‑General leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Attorney‑General determines. 55 Saving provision—leave of absence (1) A determination of terms and conditions, that is in effect under subsection 28(2) of the Inspector‑General of Intelligence and Security Act 1986 immediately before the commencement of this item, continues in effect on and after that commencement as if made under that subsection as amended by this Schedule. (2) A grant of leave, made before the commencement of this item under subsection 28(2) of the Inspector‑General of Intelligence and Security Act 1986 for a period that ends after that commencement, continues in effect on and after that commencement as if made under that subsection as amended by this Schedule. 56 Subparagraph 30(2)(b)(i) Omit "Prime Minister", substitute "Attorney‑General". 57 Saving provision—approval of paid employment An approval to engage in paid employment, that is in effect for the purposes of subparagraph 30(2)(b)(i) of the Inspector‑General of Intelligence and Security Act 1986 immediately before the commencement of this item, continues in effect on and after that commencement as if given for the purposes of that subparagraph as amended by this Schedule. 58 Subsection 32A(5) Omit "Minister" (wherever occurring), substitute "responsible Minister". 59 Subsection 32B(3) Repeal the subsection. 59A Subsection 35(2) Omit "to the Minister". 60 Subsection 35(3) Omit "The Prime Minister shall give a copy of a report referred to in subsection (2)", substitute "A copy of a report referred to in subsection (2) must be given". 61 Subsections 35(4) and (5) Omit "Prime Minister" (wherever occurring), substitute "Attorney‑General". Intelligence Services Act 2001 62 Paragraph 9(1A)(b) Omit "Minister responsible for administering the Australian Security Intelligence Organisation Act 1979", substitute "Attorney‑General". 63 Saving provision—agreement to authorisations An agreement, that is in effect under paragraph 9(1A)(b) of the Intelligence Services Act 2001 immediately before the commencement of this item (including such an agreement given in accordance with subsection 9(1AA) of that Act), continues in effect on and after that commencement as if given under that paragraph as amended by this Schedule. 64 Subsection 9(1AA) (heading) Repeal the heading, substitute: Agreement of the Attorney‑General 65 Subsections 9(1AA) and (1AC) Omit "Minister responsible for administering the Australian Security Intelligence Organisation Act 1979", substitute "Attorney‑General". 66 Subsection 9(1AC) (note) Omit "Minister", substitute "Attorney‑General". 67 Subsection 9A(2) (note) Omit "Minister responsible for administering the Australian Security Intelligence Organisation Act 1979", substitute "Attorney‑General". 68 At the end of paragraph 9A(3)(b) Add: ; (v) the Minister responsible for administering the Australian Security Intelligence Organisation Act 1979. 69 Subsection 9B(2) (note) Omit "Minister responsible for administering the Australian Security Intelligence Organisation Act 1979", substitute "Attorney‑General". 70 Section 9C (heading) Repeal the heading, substitute: 9C Authorisations in an emergency—Attorney‑General unavailable 71 Subparagraph 9C(1)(c)(i) Omit "Minister responsible for administering the Australian Security Intelligence Organisation Act 1979 (the ASIO Minister)", substitute "Attorney‑General". 72 Subparagraph 9C(1)(c)(iii) Omit "ASIO Minister", substitute "Attorney‑General". 73 Subsections 9C(2) and (3) Omit "ASIO Minister", substitute "Attorney‑General". 74 Subsection 9C(4) Repeal the subsection, substitute: Notifying Attorney‑General, ASIO Minister and Inspector‑General of Intelligence and Security (4) The relevant agency head must notify the following that an authorisation was given under section 9A or 9B (as the case requires) in accordance with this section: (a) the Attorney‑General; (b) the Minister responsible for administering the Australian Security Intelligence Organisation Act 1979 (the ASIO Minister); (c) the Inspector‑General of Intelligence and Security. The notification must state whether the agreement of the Director‑General of Security was obtained. 75 Paragraph 9C(5)(a) After "given to", insert "the Attorney‑General or". 76 After subsection 13G(1) Insert: (1A) Before making guidelines under subsection (1), the responsible Ministers must consult with the Attorney‑General. 77 After subparagraph 29(1)(b)(i) Insert: (ia) the Attorney‑General; or 78 Paragraph 29(1)(c) Omit "and to the responsible Minister", substitute ", to the responsible Minister and to the Attorney‑General". 79 Subsection 29(2) After "Minister" (wherever occurring), insert "or the Attorney‑General". Schedule 2—Other amendments Part 1—Amendments commencing on Proclamation Administrative Appeals Tribunal Act 1975 1 Subsection 3(1) Insert: ASIO Minister means the Minister administering the Australian Security Intelligence Organisation Act 1979. 2 Subsection 38A(1) Omit "Attorney‑General", substitute "ASIO Minister". 3 Subsection 38A(2) Omit "Attorney‑General", substitute "ASIO Minister". 4 Subsection 39A(8) Omit "Minister administering the Australian Security Intelligence Organisation Act 1979 (the responsible Minister)", substitute "ASIO Minister". 5 Paragraph 39A(9)(b) Omit "responsible Minister", substitute "ASIO Minister". 6 Subsection 39B(2) (heading) Omit "Attorney‑General", substitute "ASIO Minister". 7 Subsection 39B(2) Omit "Attorney‑General", substitute "ASIO Minister". 8 Paragraphs 39B(5)(a), (5)(b) and (6)(b) Omit "Attorney‑General", substitute "ASIO Minister". 9 Subsections 39B(9) and (10) Omit "Attorney‑General", substitute "ASIO Minister". 10 Subsection 43AAA(4) Omit "Attorney‑General", substitute "ASIO Minister". Administrative Decisions (Judicial Review) Act 1977 11 Paragraphs (daa) and (daaa) of Schedule 1 Omit "Attorney‑General", substitute "Minister administering the Australian Security Intelligence Organisation Act 1979". 12 Paragraph (dab) of Schedule 1 Omit "Attorney‑General", substitute "Minister administering the Australian Federal Police Act 1979". A New Tax System (Family Assistance) Act 1999 13 Subsection 3(1) (definition of Attorney‑General's Secretary) Repeal the definition. 14 Subsection 3(1) Insert: Home Affairs Minister means the Minister administering the Australian Security Intelligence Organisation Act 1979. 15 Subsection 3(1) (definition of Immigration Minister) Repeal the definition. 16 Section 57GJ (heading) Omit "Attorney‑General", substitute "Home Affairs Minister". 17 Subsection 57GJ(1) Omit "Attorney‑General" (first occurring), substitute "Home Affairs Minister". 18 Paragraph 57GJ(1)(a) Omit "Attorney‑General", substitute "Home Affairs Minister". 19 Paragraph 57GJ(1)(b) Repeal the paragraph, substitute: (b) the individual's visa is cancelled under section 116 or 128 of the Migration Act 1958 because of an assessment by the Australian Security Intelligence Organisation that the individual is directly or indirectly a risk to security (within the meaning of section 4 of the Australian Security Intelligence Organisation Act 1979); or (c) the individual's visa is cancelled under section 134B of the Migration Act 1958 (emergency cancellation on security grounds) and the cancellation has not been revoked because of subsection 134C(3) of that Act; or (d) the individual's visa is cancelled under section 501 of the Migration Act 1958 and there is an assessment by the Australian Security Intelligence Organisation that the individual is directly or indirectly a risk to security (within the meaning of section 4 of the Australian Security Intelligence Organisation Act 1979). 20 Subsection 57GJ(3) Omit "Attorney‑General" (wherever occurring), substitute "Home Affairs Minister". 21 Subsection 57GJ(4) Omit "Attorney‑General's Secretary", substitute "Secretary of the Department administered by the Home Affairs Minister". 22 Paragraph 57GJ(4)(b) Omit "Attorney‑General", substitute "Home Affairs Minister". 23 Section 57GK Omit "Attorney‑General", substitute "Home Affairs Minister". 24 Section 57GL Repeal the section. 25 Sections 57GNA and 57GO Omit "Attorney‑General" (wherever occurring), substitute "Home Affairs Minister". Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006 26 Section 5 (definition of Attorney‑General's Department) Omit "the Attorney‑General", substitute "the Attorney‑General". Note: This item re‑inserts the reference to the Attorney‑General: see item 3 of the table in subsection 19(1) of the Acts Interpretation Act 1901. AusCheck Act 2007 27 Subsection 4(1) (definition of Transport Secretary) Repeal the definition. 28 Subparagraph 8(3)(a)(ii) Omit "to the Transport Secretary", substitute "under regulations made under the Aviation Transport Security Act 2004 or the Maritime Transport and Offshore Facilities Security Act 2003". 29 Subparagraph 8(3)(a)(iv) Omit "to the Transport Secretary", substitute "under regulations made under either of those Acts". 30 Subparagraph 8(3)(a)(v) Omit "by an issuing body, the Secretary or the Transport Secretary", substitute "made under regulations made under either of those Acts, or a decision made under the AusCheck scheme,". 31 Subsection 10(3) Omit "or the Transport Secretary". 32 Subparagraph 10(3)(a)(ii) Omit "to the Transport Secretary", substitute "under regulations made under the Aviation Transport Security Act 2004 or the Maritime Transport and Offshore Facilities Security Act 2003". 33 Subparagraph 10(3)(a)(iv) Omit "to the Transport Secretary", substitute "under regulations made under either of those Acts". 34 Subparagraph 10(3)(a)(v) Omit "by an issuing body, the Secretary or the Transport Secretary", substitute "made under regulations made under either of those Acts, or a decision made under the AusCheck scheme,". 35 Paragraph 11(3)(b) Repeal the paragraph. 36 Paragraph 11(3)(c) Omit "subsection (4);", substitute "subsection (4).". 37 Paragraph 11(3)(d) Repeal the paragraph. 38 Subparagraph 14(2)(b)(ia) Omit "the Secretary or the Transport Secretary", substitute "a Secretary of a Department". Australian Citizenship Act 2007 39 Subsection 6A(1) Omit "Attorney‑General", substitute "Minister". Australian Crime Commission Act 2002 40 Paragraphs 12(1)(a) and (1A)(a) Omit "Attorney‑General of the Commonwealth", substitute "Attorney‑General of the Commonwealth". Note: This item re‑inserts the references to the Attorney‑General of the Commonwealth: see item 3 of the table in subsection 19(1) of the Acts Interpretation Act 1901. 41 Section 16 Omit "Attorney‑General of the Commonwealth", substitute "Attorney‑General of the Commonwealth". Note: This item re‑inserts the reference to the Attorney‑General of the Commonwealth: see item 3 of the table in subsection 19(1) of the Acts Interpretation Act 1901. Australian Federal Police Act 1979 42 Subsection 43(1) Omit "Minister", substitute "Minister administering the Crimes (Superannuation Benefits) Act 1989". 43 Subsection 43(3) Omit "Minister" (first occurring), substitute "Minister administering the Crimes (Superannuation Benefits) Act 1989". 44 Subsection 43(3) Omit "the Minister" (second occurring), substitute "that Minister". 45 Paragraph 44(b) Omit "Minister", substitute "Minister administering the Crimes (Superannuation Benefits) Act 1989". 46 Section 44 Omit "the Minister" (second occurring), substitute "that Minister". 47 Subsection 47B(3) Omit "the Minister" (wherever occurring), substitute "the Minister administering the Crimes (Superannuation Benefits) Act 1989". 48 Paragraph 49P(1)(c) Omit "Minister", substitute "Minister administering the Crimes (Superannuation Benefits) Act 1989". 49 Subparagraph 51(3)(b)(iii) Omit "Minister", substitute "Minister administering the Crimes (Superannuation Benefits) Act 1989". Australian Security Intelligence Organisation Act 1979 50 After subsection 8A(1) Insert: (1A) Before making guidelines under subsection (1), the Minister must consult with the Attorney‑General. 51 After subsection 8A(2) Insert: (2A) Before varying or replacing guidelines given under subsection (2), the Minister must consult with the Attorney‑General. 52 Subsection 18C(3) Omit "Attorney‑General", substitute "Attorney‑General". Note: This item re‑inserts the reference to the Attorney‑General: see item 3 of the table in subsection 19(1) of the Acts Interpretation Act 1901. 53 Subsection 18C(3) Omit "Attorney‑General's", substitute "Attorney‑General's". Note: This item re‑inserts the reference to the Attorney‑General: see item 3 of the table in subsection 19(1) of the Acts Interpretation Act 1901. 54 Subsection 18C(4) Omit "Attorney‑General", substitute "Attorney‑General". Note: This item re‑inserts the reference to the Attorney‑General: see item 3 of the table in subsection 19(1) of the Acts Interpretation Act 1901. 55 Paragraph 27A(1)(a) Omit "Minister (the issuing Minister) requesting the issuing Minister", substitute "Attorney‑General requesting the Attorney‑General". 56 Paragraph 27A(1)(b) Omit "issuing Minister", substitute "Attorney‑General". 57 Subsection 27A(1) Omit "issuing Minister may", substitute "Attorney‑General may". 58 Subsection 27A(1) Omit "issuing Minister considers", substitute "Attorney‑General considers". 59 Subsection 27A(3) Omit "issuing Minister", substitute "Attorney‑General". 60 Paragraph 27B(a) Omit "Minister (the authorising Minister) requesting the authorising Minister", substitute "Attorney‑General requesting the Attorney‑General". 61 Paragraph 27B(b) Omit "authorising Minister", substitute "Attorney‑General". 62 Section 27B Omit "authorising Minister may, by writing signed by the authorising Minister,", substitute "Attorney‑General may, by writing signed by the Attorney‑General,". 63 Sections 38 and 38A Omit "Attorney‑General" (wherever occurring), substitute "Minister". 64 Section 65 (heading) Omit "Minister", substitute "Attorney‑General". 65 Subsection 65(1) Omit "Minister" (first occurring), substitute "Attorney‑General". 66 Subsection 65(1) Omit "Minister" (second and third occurring), substitute "Attorney‑General and the Minister". 67 Subsection 65(1A) Omit "Minister" (first occurring), substitute "Attorney‑General". 68 Subsection 65(1A) Omit "Minister" (second occurring), substitute "Attorney‑General and the Minister". 69 Subsection 65(3) Omit "Minister" (wherever occurring), substitute "Attorney‑General". 70 Subsection 92(3) Omit "Attorney‑General", substitute "Attorney‑General". Note: This item re‑inserts the reference to the Attorney‑General: see item 3 of the table in subsection 19(1) of the Acts Interpretation Act 1901. 71 Amendments of listed provisions—substituting references to Minister with references to Attorney‑General Substituting references to Minister with references to Attorney‑General Item Provision Omit (wherever occurring) Substitute 1 Sections 25, 25A, 26, 26A, 27, 27AA, 27C, 27D, 27E, 27F, 27G, 27H, 27J, 29, 29A, 30 and 31A Minister Attorney‑General 2 Subsections 32(1), (2) and (3) Minister Attorney‑General 3 Subsection 32(3) Minister's Attorney‑General's 4 Subsection 32(4) Minister Attorney‑General 5 Sections 34, 34AB, 34B and 34C Minister Attorney‑General 6 Subsections 34D(1) and (3) Minister's Attorney‑General's 7 Subsection 34D(3) Minister Attorney‑General 8 Subsection 34D(4) (heading) Minister's Attorney‑General's 9 Subsections 34D(4), (5) and (6) Minister Attorney‑General 10 Paragraph 34D(6)(b) Minister's Attorney‑General's 11 Subsections 34F(1) and (3) Minister's Attorney‑General's 12 Subsection 34F(3) Minister Attorney‑General 13 Subsection 34F(4) (heading) Minister's Attorney‑General's 14 Subsections 34F(4) and (5) Minister Attorney‑General 15 Subsection 34F(6) Minister's Attorney‑General's 16 Paragraphs 34F(6)(a) and (b) Minister Attorney‑General 17 Paragraph 34F(6)(b) Minister's Attorney‑General's 18 Subsection 34F(7) Minister Attorney‑General 19 Paragraph 34F(7)(b) Minister's Attorney‑General's 20 Subparagraph 34G(2)(b)(i) Minister's Attorney‑General's 21 Paragraph 34K(2)(b) Minister Attorney‑General 22 Subsection 34W(1) Minister's Attorney‑General's 23 Paragraph 34W(2)(a) Minister Attorney‑General 24 Paragraphs 34X(1)(a) and (c) Minister's Attorney‑General's 25 Subparagraph 34X(1)(c)(i) Minister Attorney‑General 26 Subsection 34ZE(4) Minister's Attorney‑General's 27 Subsection 34ZE(4) Minister Attorney‑General 28 Section 34ZH Minister Attorney‑General 29 Paragraph 34ZI(a) Minister Attorney‑General 30 Paragraph 34ZI(a) Minister's Attorney‑General's 31 Subsection 34ZJ(2) Minister Attorney‑General 32 Subsection 34ZJ(2) (note) Minister's Attorney‑General's 33 Paragraph 34ZK(a) Minister Attorney‑General 34 Subsection 34ZS(5) (paragraph (h) of the definition of permitted disclosure) Minister Attorney‑General 35 Subsections 34ZS(8) and (9) Minister Attorney‑General 36 Sections 34ZX, 34ZY, 35B, 35C, 35F, 35K, 35Q and 35R Minister Attorney‑General Aviation Transport Security Act 2004 72 Paragraph 127(1)(aa) Repeal the paragraph. 73 Subsection 127(4) Repeal the subsection. Crimes Act 1914 74 Subsections 3ZZAE(1) and (2) Omit "Minister", substitute "Minister administering the Judiciary Act 1903". 75 Subsection 3ZZAF(1) Omit "Minister", substitute "Minister administering the Administrative Appeals Tribunal Act 1975 (the AAT Minister)". 76 Subsections 3ZZAF(2) and (3) Omit "Minister", substitute "AAT Minister". 77 Section 9A Omit "Attorney‑General", substitute "Minister administering the Proceeds of Crime Act 2002". 78 Section 15GG (heading) Omit "Minister", substitute "AAT Minister". 79 Subsection 15GG(1) Omit "Minister", substitute "Minister administering the Administrative Appeals Tribunal Act 1975 (the AAT Minister)". 80 Subsections 15GG(2) and (3) Omit "Minister", substitute "AAT Minister". 81 Subsection 15LD(1) Omit "Minister" (first occurring), substitute "Minister administering the Law Enforcement Integrity Commissioner Act 2006 (the LEIC Minister)". 82 Paragraph 15LD(1)(g) Omit "Minister", substitute "LEIC Minister". 83 Subsections 15LD(2) and (3) Omit "Minister" (wherever occurring), substitute "LEIC Minister". 84 Subsection 23WJ(6) (including the note) Omit "Attorney‑General" (wherever occurring), substitute "Attorney‑General". Note: This item re‑inserts the references to the Attorney‑General: see item 3 of the table in subsection 19(1) of the Acts Interpretation Act 1901. 85 Paragraph 23WT(1)(ca) Omit "Attorney‑General", substitute "Attorney‑General". Note: This item re‑inserts the reference to the Attorney‑General: see item 3 of the table in subsection 19(1) of the Acts Interpretation Act 1901. 86 Paragraph 23XWU(1)(d) Omit "Attorney‑General", substitute "Attorney‑General". Note: This item re‑inserts the reference to the Attorney‑General: see item 3 of the table in subsection 19(1) of the Acts Interpretation Act 1901. 87 Sections 23YQA and 23YQB Omit "Attorney‑General" (wherever occurring), substitute "Attorney‑General". Note: This item re‑inserts the references to the Attorney‑General: see item 3 of the table in subsection 19(1) of the Acts Interpretation Act 1901. 88 Section 23YUK Repeal the section. Crimes (Aviation) Act 1991 89 Section 3 (paragraph (c) of the definition of authorised person) Omit "Attorney‑General's Department", substitute "Department". 90 Paragraph 37(6)(c) Omit "Attorney‑General", substitute "Attorney‑General". Note: This item re‑inserts the reference to the Attorney‑General: see item 3 of the table in subsection 19(1) of the Acts Interpretation Act 1901. 91 Subsection 41(1) Omit "Attorney‑General" (wherever occurring), substitute "Attorney‑General". Note: This item re‑inserts the references to the Attorney‑General: see item 3 of the table in subsection 19(1) of the Acts Interpretation Act 1901. 92 Subsections 48(4), (5) and (7) Omit "Attorney‑General", substitute "Attorney‑General". Note: This item re‑inserts the references to the Attorney‑General: see item 3 of the table in subsection 19(1) of the Acts Interpretation Act 1901. Crimes (Biological Weapons) Act 1976 93 Section 13 Before "The Governor‑General", insert "(1)". 94 At the end of section 13 Add: (2) For the purposes of the Legislation Act 2003, the Minister administering the Australian Federal Police Act 1979 is the rule‑maker for regulations made: (a) for the purposes of section 8 (offences) or 9 (forfeiture and seizure) of this Act; or (b) for or in relation to the matter mentioned in paragraph (1)(a) of this section. (3) Subsection (2) applies despite subsection 6(1) of the Legislation Act 2003. Crimes (Currency) Act 1981 95 Section 30 Before "The Governor‑General", insert "(1)". 96 At the end of section 30 Add: (2) For the purposes of the Legislation Act 2003, the Minister administering the Australian Federal Police Act 1979 is the rule‑maker for regulations made for the purposes of Part II (offences) of this Act. (3) Subsection (2) applies despite subsection 6(1) of the Legislation Act 2003. Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990 97 At the end of section 22 Add: (3) For the purposes of the Legislation Act 2003, the Minister administering the Australian Federal Police Act 1979 is the rule‑maker for regulations made for the purposes of this Act. (4) Subsection (3) applies despite subsection 6(1) of the Legislation Act 2003. Criminal Code Act 1995 98 Section 5 Before "The Governor‑General", insert "(1)". 99 At the end of section 5 Add: (2) For the purposes of the Legislation Act 2003, the Minister administering the Australian Federal Police Act 1979 is the rule‑maker for regulations made for the purposes of the following provisions of the Criminal Code: (a) Division 71 (offences against United Nations and associated personnel); (b) Division 72 (explosives and lethal devices); (c) Division 73 (people smuggling and related offences); (d) Part 5.1 (treason, urging violence and advocating terrorism or genocide); (e) Part 5.2 (offences relating to espionage and similar activities); (f) Part 5.3 (terrorism), other than Division 100 (preliminary provisions); (g) Part 5.4 (harming Australians); (h) Part 5.5 (foreign incursions and recruitment); (i) Division 270 (slavery and slavery‑like conditions); (j) Division 271 (trafficking in persons and debt bondage); (k) Division 272 (child sex offences outside Australia); (l) Division 273 (offences involving child pornography material or child abuse material outside Australia); (m) Chapter 9 (dangers to the community); (n) Chapter 10 (national infrastructure). (3) Subsection (2) applies despite subsection 6(1) of the Legislation Act 2003. 100 Section 72.28 of the Criminal Code Repeal the section, substitute: 72.28 Delegation by AFP Minister (1) The AFP Minister may, by writing, delegate to: (a) the Secretary of the Department administered by that Minister; or (b) an SES employee, or an acting SES employee, in that Department, where the employee occupies or acts in a position with a classification of Senior Executive Band 3; all or any of the AFP Minister's powers under sections 72.18, 72.19, 72.24 and 72.25. (2) A delegate is, in the exercise of a power delegated under subsection (1), subject to the written directions of the AFP Minister. 101 Section 72.36 of the Criminal Code Insert: AFP Minister means the Minister administering the Australian Federal Police Act 1979. 102 Subsection 100.1(1) of the Criminal Code Insert: AFP Minister means the Minister administering the Australian Federal Police Act 1979. 103 Subsections 105.2(1) and (2) of the Criminal Code Omit "Minister", substitute "Attorney‑General". 104 Subsection 105.37(4) of the Criminal Code Omit "by the Department", substitute "by the Australian Government Security Vetting Agency or by another Commonwealth, State or Territory agency that is authorised or approved by the Commonwealth to issue security clearances". 105 Subparagraphs 105A.19(3)(a)(iii) and (iv) of the Criminal Code Omit "Department", substitute "Department administered by the AFP Minister". 106 Paragraph 105A.20(a) of the Criminal Code Omit "Department", substitute "Department administered by the AFP Minister". 107 Paragraph 105A.20(b) of the Criminal Code Omit "the Department", substitute "that Department". 108 Subsection 117.1(1) of the Criminal Code Insert: AFP Minister means the Minister administering the Australian Federal Police Act 1979. 109 Section 300.2 of the Criminal Code Insert: AFP Minister means the Minister administering the Australian Federal Police Act 1979. 110 Section 470.1 of the Criminal Code Insert: AFP Minister means the Minister administering the Australian Federal Police Act 1979. 111 Section 473.1 of the Criminal Code Insert: AFP Minister means the Minister administering the Australian Federal Police Act 1979. 112 Paragraph 474.17(2)(d) of the Criminal Code Omit "Attorney‑General's Department", substitute "Department administered by the AFP Minister". 113 Amendments of listed provisions—substituting references to Minister with references to AFP Minister Substituting references to Minister with references to AFP Minister Item Provision of the Criminal Code Omit (wherever occurring) Substitute 1 Section 72.36 (paragraph (a) of the definition of responsible Minister) Minister AFP Minister 2 Subsections 102.1(2), (2A), (4), (5), (17) and (18) Minister AFP Minister 3 Subsections 102.1AA(1), (2) and (4) Minister AFP Minister 4 Subsection 117.1(2) Minister AFP Minister 5 Section 119.8 Minister AFP Minister 6 Section 300.2 (definition of determined) Minister AFP Minister 7 Paragraphs 301.1(1)(c), 301.2(1)(b), 301.3(1)(c), 301.4(c), 301.5(b) and 301.6(1)(d) Minister AFP Minister 8 Sections 301.7, 301.8, 301.10, 301.11, 301.12, 301.13, 301.14, 301.15, 301.16 and 301.17 Minister AFP Minister 9 Paragraphs 471.18(2)(d) and 471.21(2)(d) Minister AFP Minister 10 Paragraphs 474.21(2)(d) and 474.24(2)(d) Minister AFP Minister 114 Amendments of listed provisions—substituting references to Attorney‑General with references to AFP Minister Substituting references to Attorney‑General with references to AFP Minister Item Provision of the Criminal Code Omit (wherever occurring) Substitute 1 Section 104.2 (heading) Attorney‑General's AFP Minister's 2 Subsections 104.2(1), (2) and (3) Attorney‑General's AFP Minister's 3 Subsection 104.2(3) Attorney‑General AFP Minister 4 Subsection 104.2(4) Attorney‑General's AFP Minister's 5 Subsection 104.2(4) Attorney‑General AFP Minister 6 Subsection 104.2(5) Attorney‑General's AFP Minister's 7 Section 104.3 Attorney‑General AFP Minister 8 Paragraph 104.3(f) Attorney‑General's AFP Minister's 9 Sections 104.6, 104.7, 104.8 and 104.9 Attorney‑General's AFP Minister's 10 Section 104.10 (heading) Attorney‑General's AFP Minister's 11 Subsection 104.10(1) Attorney‑General's AFP Minister's 12 Subsection 104.10(2) Attorney‑General AFP Minister 13 Subsection 104.10(2) (note) Attorney‑General's AFP Minister's 14 Sections 104.29, 104.30 and 105.47 Attorney‑General AFP Minister 15 Subsections 105A.5(1), (2A), (5) and (6) Attorney‑General AFP Minister 16 Paragraph 105A.5(6)(a) Attorney‑General's AFP Minister's 17 Sections 105A.6, 105A.7, 105A.9, 105A.10, 105A.12, 105A.19, 105A.20, 105A.21 and 105A.22 Attorney‑General AFP Minister Criminology Research Act 1971 115 Paragraphs 33(4)(a) and (b) Omit "Attorney‑General of the government that the person represents", substitute "Minister of the Commonwealth, State or Territory who appointed the person". 116 Amendment of listed provisions—substituting references to Attorney‑General with references to the Minister Substituting references to Attorney‑General with references to the Minister Item Provision Omit (wherever occurring) Substitute 1 Sections 6A, 15 and 16 Attorney‑General Minister 2 Subsections 17(4) and 19(2) Attorney‑General Minister 3 Sections 20, 21, 22 and 23 Attorney‑General Minister 4 Paragraph 33(3)(a) Attorney‑General Minister Customs Act 1901 117 Subsection 208DA(1) (definition of prescribed officer) Omit "Attorney‑General's". 118 Subsection 208DA(4) Omit "Attorney‑General" (wherever occurring), substitute "Minister". Maritime Transport and Offshore Facilities Security Act 2003 119 Paragraph 202(1)(b) Repeal the paragraph. 120 Subsection 202(4) Repeal the subsection. Migration Act 1958 121 Section 143 (heading) Omit "Attorney‑General", substitute "Minister". 122 Subsection 143(1) Omit "Attorney‑General", substitute "Minister". 123 Paragraph 143(1)(a) Omit "Attorney‑General's". 124 Paragraph 143(1)(b) Omit "that Department", substitute "the Department". 125 Subsections 143(2) and (4) Omit "Attorney‑General", substitute "Minister". 126 Section 144 Omit "Attorney‑General may", substitute "Minister may". 127 Subsections 145(1), 146(2) and 147(1) Omit "Attorney‑General" (wherever occurring), substitute "Minister". 128 Paragraph 162(1)(a) Omit ", the Attorney‑General", substitute "—the Minister". 129 Subsection 162(2) Omit "the certificate, the Attorney‑General or authorised official", substitute "a certificate given under section 146 or 148, an authorised official". 130 Subsection 202(3) Omit all the words from and including "unless", substitute "unless the Tribunal confirms the assessment". Offshore Petroleum and Greenhouse Gas Storage Act 2006 131 Paragraph 604(5)(a) Omit "Attorney‑General", substitute "Minister administering the Australian Federal Police Act 1979". 132 Paragraph 604(5)(b) Omit "the Attorney‑General's", substitute "that Minister's". 133 Paragraph 610(4)(a) Omit "Attorney‑General", substitute "Minister administering the Australian Federal Police Act 1979". 134 Paragraph 610(4)(b) Omit "the Attorney‑General's", substitute "that Minister's". Ombudsman Act 1976 135 Subsection 14(3) Omit "Attorney‑General" (first occurring), substitute "Minister administering the Australian Security Intelligence Organisation Act 1979 (the ASIO Minister)". 136 Subsection 14(3) Omit "Attorney‑General" (second occurring), substitute "ASIO Minister". 137 Subsection 14(3) Omit "that Minister", substitute "such a Minister". 138 Section 16 Omit "Prime Minister" (wherever occurring), substitute "Prime Minister". Note: This item re‑inserts the references to the Prime Minister: see item 3 of the table in subsection 19(1) of the Acts Interpretation Act 1901. 139 Subsection 35B(1) Omit "Attorney‑General", substitute "Minister administering section 7 of the Australian Crime Commission Act 2002". Paid Parental Leave Act 2010 140 Section 6 (definition of Attorney‑General's Secretary) Repeal the definition. 141 Section 6 Insert: Home Affairs Minister means the Minister administering the Australian Security Intelligence Organisation Act 1979. 142 Section 6 (definition of Immigration Minister) Repeal the definition. 143 Subsection 200C(4) Omit all the words after "must give", substitute "a copy of the order, and information likely to facilitate identification of the person, to the Secretary of the Department administered by the Minister administering the Migration Act 1958, for the purposes of administering that Act". 144 Section 278C (heading) Omit "Attorney‑General", substitute "Home Affairs Minister". 145 Subsection 278C(1) Omit "Attorney‑General" (first occurring), substitute "Home Affairs Minister". 146 Paragraph 278C(1)(a) Omit "Attorney‑General", substitute "Home Affairs Minister". 147 Paragraph 278C(1)(b) Repeal the paragraph, substitute: (b) the person's visa is cancelled under section 116 or 128 of the Migration Act 1958 because of an assessment by the Australian Security Intelligence Organisation that the person is directly or indirectly a risk to security (within the meaning of section 4 of the Australian Security Intelligence Organisation Act 1979); or (c) the person's visa is cancelled under section 134B of the Migration Act 1958 (emergency cancellation on security grounds) and the cancellation has not been revoked because of subsection 134C(3) of that Act; or (d) the person's visa is cancelled under section 501 of the Migration Act 1958 and there is an assessment by the Australian Security Intelligence Organisation that the person is directly or indirectly a risk to security (within the meaning of section 4 of the Australian Security Intelligence Organisation Act 1979). 148 Subsection 278C(2) Omit "At