Div 9of Part 3-3 of that Act) does not apply in relation to:16

Division 9 of Part 3-3 of that Act) does not apply in relation to:16 (a) the termination of the ACIC employee’s employment; or17 (b) the making of the declaration.18 Note 1: This means, for example, that the provisions of the Fair Work Act19 2009 dealing with unfair dismissal, and notice of termination or20 payment in lieu, do not apply in relation to the ACIC employee.21 Note 2: Part 3-1 of the Fair Work Act 2009 deals with general protections, and22 Division 9 of Part 3-3 of that Act deals with payments relating to23 periods of industrial action.24 (6) To avoid doubt, subsection (5) applies despite section 8 of the25 Public Service Act 1999.26 Report to Minister27 (7) The Director-General must, as soon as practicable after making the28 declaration, give the Minister a written report containing the29 following:30

No. , 2026 Australian Criminal Intelligence Commission Bill 2026 265 (a) the grounds for the Director-General’s belief referred to in1 subsection (1) in relation to the ACIC employee;2 (b) the nature and findings of any investigation of, or inquiry3 into, the ACIC employee’s conduct or behaviour;4 (c) details of any other matter the Director-General considers5 relevant.6 Declaration not a legislative instrument7 (8) A declaration under subsection (2) is not a legislative instrument.8

266 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 Division 5—Delegations and directions by1 Director-General2 265 Delegation by Director-General3 (1) The Director-General may, in writing, delegate to a senior position4 holder one or more of the Director-General’s functions, powers or5 duties under this Act.6 Note 1: For senior position holder, see section 7.7 Note 2: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain8 provisions relating to delegations.9 Exception10 (2) However, the Director-General must not delegate the11 Director-General’s functions, powers or duties under any of the12 following provisions:13 (a) subsection 27(2) (which deals with approving an authority of14 another country or an international body as being capable of15 assisting the ACIC in the performance of its functions);16 (b) subsection 28(1) (which deals with written agreement with17 the AFP Commissioner relating to policing support);18 (c) subsection 86(1) (which deals with applications for court to19 deal with contempt);20 (d) section 88 (Withdrawal of contempt application);21 (e) section 46 (Director-General to give reports about22 authorisations);23 (f) section 117 (Making compelled material available to courts);24 (g) section 133 or 134 (which deal with the Director-General25 urgently granting or varying CIO authorities);26 (h) section 140 (Cancellation of CIO authorities);27 (i) subsection 151(2) (which deals with issuing certificate for28 evidence relating to granting of CIO authority);29 (j) section 154 (Reports by Director-General);30

Delegations and directions by Director-General Division 5 No. , 2026 Australian Criminal Intelligence Commission Bill 2026 267 (k) sections 170, 171 and 172 (which deal with reports relating1 to execution of search warrants, concealment activities and2 non-compliant action);3 (l) subsection 181(1) (which deals with declaring that a system4 is part of the national policing information system);5 (m) section 192 (which deals with manners, methods and forms6 for nationally coordinated criminal history check services);7 (n) subsection 194(2) or (3) (which deals with the appointment8 of members of the National Policing Information9 Committee);10 (o) section 211 and 212 (which deal with making and giving11 criminal intelligence assessments);12 (p) section 215 and 216 (which deal with the automation of13 specified criminal intelligence assessment action);14 (q) section 222 (which deals with directions relating to15 communicating or making a record of ACIC information, or16 dealing with an ACIC record);17 (r) section 264 (Termination of employment of ACIC employee18 for serious misconduct);19 (s) section 266 (which deals with directions relating to the20 administration and control of the ACIC);21 (t) section 270 (Arrangements etc. with the Inspector-General of22 Intelligence and Security);23 (u) section 272 (Annual report);24 (v) a provision of this Act prescribed by the rules for the25 purposes of this paragraph.26 Delegation to senior position holder who is not an APS employee27 (3) The Director-General must, before delegating a function or power28 to a person who is not an APS employee, have regard to whether29 the person has appropriate training, qualifications, skills or30 experience to perform the function or exercise the power.31