44Australian Criminal Intelligence Commission Bill 2026 No. , 2026

44 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 (b) the Public Governance, Performance and Accountability Act1 2013.2 Consultation before giving directions3 (6) The Minister must consult the Director-General and the Secretary4 of the Department before giving a direction under subsection (1).5 (7) The Minister must also consult the National Policing Information6 Committee before giving a direction under subsection (1) in7 respect of the performance of the Director-General’s functions8 relating to national policing information.9 Copies of directions10 (8) The Minister must give the Inspector-General of Intelligence and11 Security and the Secretary of the Department a copy of any12 direction given under subsection (1) as soon as practicable after13 giving the direction.14 Tabling in Parliament15 (9) The Minister must table, in each House of the Parliament, a16 statement that a direction under this section was given to the17 Director-General as soon as practicable after giving the direction.18 Status of instruments19 (10) The following are not legislative instruments:20 (a) a direction under subsection (1);21 (b) a statement under subsection (9).22 38 Additional requirements—directions overriding opinion of23 Director-General24 (1) This section applies if the Minister gives a direction of a kind25 mentioned in subsection 37(3) overriding the opinion of the26 Director-General.27 (2) The Minister must give a copy of the direction to the Prime28 Minister.29

The Director-General of the ACIC Division 3 No. , 2026 Australian Criminal Intelligence Commission Bill 2026 45 Note: A copy must also be given to the Inspector-General of Intelligence1 and Security and the Secretary of the Department: see subsection2 37(8).3 (3) If intelligence is collected or communicated in accordance with the4 direction, the Director-General must ensure that a record is kept of5 the intelligence collected or communicated.6